Alfred Henry Lionel Leach, C.J.

1. The appellants are the plaintiffs in the suit. They are the sons of the 10th defendant. They seek to set aside the decree of this Court in Appeal No. 250 of 1937 in so far as it affects the interest claimed by them in the properties mentioned in the plaint. Appeal No. 250 of 1937 arose out of O.S. No. 1 of 1936, which was filed by the plaintiffs father in the Court of the Subordinate Judge of adura to recover possession of the land in suit. The Subordinate Judge held that he had failed to prove title to the land. On the other hand he found that the respondent in that appeal had established a title and he had also shown that he had been in adverse possession for more than the statutory period before the 10th defendant purported to purchase the property. On appeal this Court considered that it was not necessary to go into the question of the 10th defendants title because it was obvious that the respondent had already acquired a title by adverse possession.

2. The plaintiffs in the present suit alleged that their father was grossly negligent in the conduct of O.S. No. 1 of 1936 and that the present case falls within the principle discussed in E