1. This is a Letters Patent appeal against the decision of Bose J., dismissing Second Appeal No. 101 of 1940 on 7-10-1943. The preliminary objection of the respondents against the competency of Civil Appeal No. 20A of 1939 on the ground of res judicata resulted in the dismissal of that appeal by the lower appellate Court and the dismissal was upheld in second appeal. In order to comprehend the exact nature and effect of the respondents' objection it is necessary to state a few facts chronologically.

2. The genealogical table of the appellants family is as below: AMBADAS

______________________|_____________________ | | Vinayak Pralhad (now dead) |____________________________________________| | | | Manohar (Deft. 1) Wasudeo (Deft. 2) Krishnarao (Deft. 3) _________________________________|___________________________________ | | | | | | | Ramchandra Laxman Vishwanath Rajeshwar Vishnu Digambar Devidas (Deft. 4) (Deft. 5) (Deft. 6) (Deft. 7) (Deft. 8) (Deft. 9) (Deft. 10).

3. The present respondents 1 to 3 were plaintiffs in civil Suit NO. l of 1928 instituted against Manohar, Wasudeo and their uncle Pralhad (now deceased). A money decree was passed against three defendants on 28-2