Lord Thankerton.—

This appeal is from a decree of the Supreme Court of the Island of Ceylon, dated 13th March 1928, confirming a decree of the District Court of Ratnapura, dated 31st August 1927 and made in Action No. 4637, in which the appellant is plaintiff, and the only question in the appeal is whether the suit is barred by reason of the proceedings in a former suit by the appellant against the respondent, which was Action No. 4122 in the same Court.

Action No. 4122 was instituted by the appellant on 19th June 1924 to recover a balance alleged to be due by the respondent upon a running account in respect of moneys advanced and goods sold and delivered, with interest to the date of the suit. The suit was instituted in the name under which the appellant carried on business, and the respondent inter alia pleaded that the appellant was precluded from enforcing his rights under the contract set out in the plaint, as he had failed to register his business name as prescribed by the Business Names Registration Ordinance No. 6 of 1918. S. 9 of that Ordinance provides as follows :

"Where any firm or person by this Ordinance required to furnish a statement of particulars or of any change in