Kunhi Raman, J.

1. This is a petition presented against an order made by the learned District Munsif of Guntur in I.A. No. 2920 of 1936 in O.S. No. 552 of 1935 on the file of his Court. The application before the lower Court was for review of the judgment and decree passed by it in the suit mentioned above on 31st July 1936. The application has been granted by the Court below and this petition is presented on behalf of defendant 3 in the suit. The facts are briefly as follows : In the suit that was disposed of by the lower Court there was an issue framed in the following terms:

Whether the plea of defendant 3 regarding his sale is barred by res judicata by the decision in O.S. No. 370 of 1931 on the file of the District Munsifs Court, Guntur and A.S. No. 46 of 1934 on the file of the Sub-Court, Guntur.

2. In the judgment pronounced by the lower Court it was mentioned that this issue was not pressed at the time arguments were advanced by the learned advocates. The petition for review of the judgment and the decree alleged that this was an incorrect statement contained in the judgment because the issue was not really given up by the learned pleader who appeared in the suit on behal