Law:

Section:

Res judicata--- Between co-defendants- Conditions necessary for application of principle-Conflict of interests and not that of written statements to be considered--Only finding essential to support to be looked to-Res judicata against pro forma defendant-Test. The conditions necessary for the application of res judicata as between co-defendants are:- (1) There must be conflict of interest between the defendants concerned; (2) it must be necessary to decide this conflict in order to give the plaintiff the relief he claims; and (3) the question between the defendants must have been finally decided. What is to be considered is a conflict of interests and not that of written statements, if a defendant accepts the whole of the case put forward by a plaintiff and allows a decree to be passed, it cannot be said that there is no conflict of interest between them. In order to determine what was `necessary to decide' it is the ultimate decision that it is to be looked to and it is the findings essential to support the that will be res judicata. The test for the application of principle of res judicata against a pro forma defendant is whether such defendant had a right to be heard which includes a right of appeal in case of an adverse decision. The conflict between defendants which will lead to a matter becoming res judicata should relate to the subject-­matter of the suit. The fact that res judicata is being claimed not against the pro forma defendant but by the pro forma defendant against the co-defendant who was the real defendant in the suit, makes no difference. Res judicata is reciprocal. If the findings could not bind a party he cannot avail of them. [Case-law discussed]. JUDGMENT KAIKAUS, J.----The suit out of which this regular second appeal arises is the outcome of a previous suit for pre-emption. In 1941 Allah Bakhsh appellant and Tagia respondent effected between themselves, what purported to be an oral exchange, Tagia transferring 30 kanals 3 marlas and Allah Bakhsh 32 kanals and 5 marlas of land. The land transferred by Allah Bakhsh appellant to the respondent was, however, already under a mortgage with Ahmad, brother of Allah Bakhsh appellant, for a sum of…

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