1959 Present : Sansoni, J., and H. N. G. Fernando, J.

M. KRISHNAR et., al., Appellants, and K. S. . THURAIRAJAH,
Respondent

S. C. 590 - D. C. Jaffna, 432/L

Res judicata-Scope of rule-Applicability as between co-defendants-Action under section 241 of civil Procedure code-Is judgment-creditor privy of the judgment-debtor ?

(i) A judgment-creditor instituted an action under section 247 of the Civil Procedure Code making the claimant and the judgment debtor co-defendants. A previous decree entered in favour of the claimant as against the judgment. debtor by virtue of an order of consent and without investigation of title was pleaded by the claimant as res judicata.

Held, that the rule of res judicata is applicable as between co-defendants provided only that three conditions are satisfied :-(1) There must be a conflict of interests between the defendants concerned; (2) it must be necessary to decide this conflict in order to give the plaintiff the relief he claims; (3) the question between the defendants must have been finally decided.

(ii) Two lands A and B together formed one allotment. In action No.1 the plaintiffs sued the defendan