Code of Civil Procedure (Act V of 1908). ss. 11 and 151 and O. IX, rr, 3, 7 and 13-Principle of res judicata when applicable- "Good cause" and "sufficient cause" if different.

There were three suits in two of which the appellant was defendant and in the other the plaintiff. One of the three was the main suit (in which appellant was a defendant and the others were connected suits. They were ordered to be consolidated for the purpose of hearing and a day was fixed for pronouncing judgment. The appellant did not appear and ex parte orders were passed against him. He filed application (purporting to be under Or. IX, r. 7 Code of Civil Procedure) for setting aside the ex parte orders which were rejected. Thereupon he filed revision application before the High Court which applications were rejected. Within a short time he applied to the trial court for taking evidence and proceeding with the case. This application was rejected. Thereafter he filed again another application (under Or. IX, r. r. 13 Code of Civil Procedure) for setting aside the ex parte order alleging the same facts and reasons as before. The respondents raised the bar of res judicata which was accepted by the Court. On the rejection of his application he appealed to the High Court. The High Court also dismissed the appeal on the ground of resjudicata. The present appeal is by special leave granted by this Court. The same plea was raised before this Court and the contentions of the parties were centered on the interpretation and application of Order IX, rr. 7, 9 and 13 of the Code of Civil Procedure, 1908.