JUDGMENT

George Knox, J. - The plaintiffs in the Court of first instance are now the respondents in this Court. They brought a suit in a Revenue Court for the recovery of Rs. 537-1-9 taking that as being the amount of profits of the plaintiffs' share in Mauza Sedhuna, taraf Raghu Ram, mahal Padarath Singh. The profits claimed were for the years 1316 to 1318 Fasli. The defendant, now appellant, in his written statement set out as the first plea that the claim was barred by Section 11 of the Code of Civil Procedure. In support of the plea of res judicata he has filed a decision dated December 12th, 1910, and he says that, as the claim of the plaintiffs was not proved in that suit it must be held that in the present suit also their claim for profits was heard and tried out, found wanting and dismissed on the merits. The lower Appellate Court considered this point which was also raised before it, and regarding the previous case it writes as follows : "The burden of proof with respect to both these issues lay on the defendant to judge by the wording, of those issues. The defendant did not produce any proof and those issues remained undecided. The suit was dismissed because the plaintiffs