JUDGMENT

1. This is a plaintiff's appeal and arises from a suit brought by him for recovery of Rs. 2,764-5 on certain allegations which will be presently mentioned. Both the lower Courts dismissed the suit in respect of some items on the preliminary ground that it is barred by Order 2, Rule 2, Civil P.C. It is said that the plaintiff might and ought to have included this part of his claim in the subject-matter of the previous action.

2. The plaintiff and his deceased brother Nehal Ahmad were joint owners of certain properties which do not appear to have been divided. Nehal Ahmad died sometime before 24th November 1924, leaving a number of heirs, some of whom were minors. The plaintiff managed the entire property and all the affairs of the family on behalf of himself and the heirs of Nehal Ahmad. He instituted a suit on 30th August 1929, against the heirs of Nehal Ahmad for rendition of account. His case was that the disbursements being set off against the income which he received as manager on behalf of the defendants, a certain sum of money would be found due to him which he was entitled to recover from them (the defendants). It does not appear from the paper-book whether the suit w