( 1 ) IN this revision, the defendant-State has challenged the decision of the trial court on the question of res judicata.

( 2 ) ON October 6, 1951, the Deputy Commissioner, Balaghat, sold by public auction to the plaintiff the right to propagate and collect lac in some of the forests of balaghat district. The plaintiff purchased the said right in different Patwari circles. The total amount payable by the plaintiff was Rs. 69,500/ -. The plaintiff merely paid Rs. 500/- on October 6, 1951, and another sum of Rs. 5000/- on October 6, 1951 and another sum of Rs. 5000/-on November 29, 1951. For the balance of rs. 59,000/- the Tahsildar Balaghat, started recovery proceedings. In the course of those proceedings, the plaintiff paid a sum of Rs. 1,000/ -. Thus, the balance outstanding against the plaintiff was Rs. 58,000/ -.

( 3 ) THE plaintiff challenged those recovery proceedings by a petition under Article 226 of the Constitution. That petition was dismissed by a learned Judge sitting singly (Misc. Petn. No. 197 of 1956 ). The petitioner (now plaintiff) preferred a letters Patent Appeal (No. 117 of 1956) which was decided by a Division Bench on may 6, 1959. That decision