Shiran Gooneratne J.

[1] By Plaint dated 20/02/2002, the Plaintiff-Appellant-Respondent (hereinafter sometimes referred to as the “Plaintiff-Respondent”) instituted Action No. 19530/L in the District Court of Colombo (hereinafter referred to as the “first action”) against the Defendants-Respondents-Appellants (hereinafter sometimes referred to as the “Defendants-Appellants”), seeking, inter alia, a declaration of title to the land in dispute, the ejectment of the Defendants-Appellants from the said land, and the recovery of damages.

[2] The first action, bearing No. 19530/L, was dismissed by the District Court on 23/05/2003 for non-compliance with an imperative provision of the Civil Procedure Code. Thereafter, the Plaintiff-Respondent filed an Appeal, bearing No. 412/2003(F), in the Court of Appeal, seeking to have the said dismissal set aside.

[3] While Appeal No. 412/2003(F) was pending before the Court of Appeal, the Plaintiff-Respondent instituted another action, bearing No. 19999/L (hereinafter referred to as the “second action”), in the District Court of Colombo against the same Defendants, based on the same cause of action relating to the same land, notwithstanding the pendenc