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(1934) 2 MLJ 927 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Krishnan Pandalai, XJ.
Case Number(s) : S.A. No. 1357 of 1929.
Judgement Date :
Thursday 29th of March 1934
| Ayya Pillai, minor, now declared major and next friend discharged (vide Order, dated 6th March, 1934, on C.M.P. No. 865 of 1934) | .....Appellant(s) | | Versus |  | | Ayyadurai Goundan and others | .....Respondent(s) |
Res judicata — Minor represented in the previous suit by his guardian-ad-litem as co-defendant — Decision against minor in the previous suit — Gross negligence of the guardian-ad-litem in not producing documents which would prove undoubtedly plaintiff’s title to suit property — If between co-defendants conflict of interest were to have been found decision binding so as to prevent subsequent suit on the same subject-matter by one of them — Gross negligence of guardian would save res judicata against minor.
Cases Referred Parmeswari Pershad Narayan Singh v. Sheo Dutt Rai [1907] 6 C.L.J. 448 Ananda Rao v. Appa Rao : [1924] 47 M.L.J. 700

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