JUDGMENT :

P. Ray, J. - The plaintiff-appellants filed Title Suit No. 90 of 1981 of the Court of the Subordinate Judge, Aska for a declaration that the judgment and decree passed in Title Suit No. 27 of 1971 relating to the suit lands are hot binding on them.

2. It appears that Siria Gouduni (since deceased) filed Title Suit No. 27 of 1971 against the co-sharers including the present defendants for partition. The said suit was decreed preliminarily on June 26, 1975 and final decree was passed on January 6. 1981. According to the plaintiffs, during the pendency of the partition suit being Title Suit Mo, 27 of 1971 they purchased the suit lands from the said Sis ia Gouduni on January 22, 1975 by registered sale deeds. It has been alleged in the plaint that the plaintiffs had no knowledge of the said pending suit at the time of their purchase nor they were informed of anything about the said pending suit.

3. The defendants contested the suit denying the allegations made in the plaint. The defendants contended that the present suit is hit by the principles of lis pendense and res judicata the same is not maintainable in view of Section 4 (4) of the Orissa Consolidation of Holdings and Pre