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A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff's rights.
When the consent to an agreement is caused by misrepresentation or by silence, fraudulent within the meaning of Section 17 and the party whose consent was so caused had the means of discovering the truth with ordinary diligence, then