Res judicata in connected suits bars re-litigation of a common finding when the related decree is not appealed.

Where connected suits are tried together on common issues, a decree in one suit attains finality if no appeal is filed against it, and that finality cannot be bypassed in the appeal from the other suit. The earlier determination on the common issue becomes conclusive, so Section 11 of the Code of Civil Procedure, 1908 applies and bars re-agitation of that finding. On that basis, the challenge to the same issue in the connected appeal was not maintainable and failed.

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Issues: Whether the failure to file an appeal against the decree in a connected suit, tried together with common issues, rendered the finding therein final and barred the hearing of the appeal in the other suit under the principle of res judicata.

Analysis: Where two connected suits are tried together on common issues, the decree in one suit attains finality if no appeal is filed against it. That finality cannot be ignored merely because the suits were disposed of by a common trial. The bar under Section 11 of the Code of Civil Procedure, 1908 applies where the earlier determination on a common issue has become conclusive, and the absence of an appeal against the connected decree prevents re-agitation of that finding in the other appeal.

Conclusion: The finding in the connected suit had become final and operated as res judicata. The appeal was not maintainable on that issue and the challenge failed.

Ratio Decidendi: In connected suits tried together, if a common finding is not appealed from and becomes final, it precludes re-litigation of the same issue in the appeal arising from the other suit.

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