JUDGMENT

Tudball, J. - This appeal arises out of a suit brought by the plaintiffs-respondents to recover a certain sum of money charged upon certain properties. The appellant-defendant is a person who is the owner of three of the various properties against which the plaintiffs have sued. These properties are in the villages Godhna, Kursand and Gaddupur. In respect to Kursand and Gaddupur the defendant-appellant pleaded that they were not liable to the charge. The Court of first instance decreed the suit. The defendant appealed and the lower Appellate Court dismissed the appeal holding that the point in issue is res judicata.

2. The sole point for decision in the present appeal is whether or set this point is res judicata. The charge is a recurring charge and the present suit is to recover what has fallen due from December 31st, 1903 to June 30th, 1907. Prior to the present suit in the year 1904 a similar suit was brought by the plaintiffs to recover the charge as against the present defendant and the other defendants to the suit. Along with the plaint in the former suit, the plaintiffs filed a list B of those properties against which they sought to enforce the charge. In that list wa