JUDGMENT

Bennet, J. - This is a second appeal by the plaintiffs-appellants against an order, in appeal, of Mr. Norton, the learned District Judge of Jhansi, dismissing the suit of the plaintiffs for possession of a grove No. 704 of Mauza Kuthonda in Jalaun District. The sole ground on which the lower Appellate Court has proceeded is that the matter is res judicata between the parties on account of previous litigation in the Revenue Courts. The previous litigation consists of a suit for ejectment brought by the present respondent Rao Sahilb Udaibir Singh against one Mulu as his non-occupancy tenant of less than 12 years standing. The present respondent granted a lease to Mulu and in the same year in which he granted the lease he brought a suit for ejectment against Mulu. That suit for ejectment was dismissed by the Assistant Collector but was decreed in appeal by the Commissioner on July 12, 1922. During the pendency of the suit in the Court of the Assistant Collector the present appellant applied to be made a party. The Revenue Record is not before this Court but it appears to me that the Assistant Collector allowed the name of the present appellant to be added as a defendant on the