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Judgment
King, J.—I am unable to see how Somasundaram v. Kondayya (1926) 49 M.L.J. 401 can be distinguished. It is clear that the learned
Judges in that case held that the decision to confirm a sale was res judicata against a judgment-debtor who could have raised a plea, but did not,
that the land was inalienable. If the decision confirming a sale constitutes the adjudication which is binding it is clearly equally binding whatever be
the nature of the subsequent proceedings in which the judgment-debtor attempts to have the sale set aside. Sitting singly I am bound to follow
Somasundaram v. Kondayya (1926) 49 M.L.J. 401. I must therefore allow this appeal, set aside the order of remand and dismiss respondent''s
application with costs throughout.
Leave refused.