FERNANDO v. MENIKRALA.

D. C., Kegalla, 1,168.

Res judicata-Dismissal of action for partition, as plaintiff failed to prove his right to a share in the land-Action against same defendants for declaration of title to a share in the land-Dismissal of former action pleaded in bar-Badness of such plea.

The dismissal of an action for partition of a land on the ground that plaintiff had failed to prove that he had a share cannot be pleaded as res judicata in a subsequent action brought by the plaintiff for a declaration of title to that share, because, while in the partition action he has to prove an absolutely good title as against all the world, in the other action ho has to prove only a better title than the defendants.

IN this case plaintiff prayed for a declaration of title to an undivided one-fifth share of a certain land, and for an order to put him in quiet possession thereof.

The defendants pleaded, inter alia, that the cause of action alleged here was the same as that alleged in case No. 1,016, between the plaintiff and the defendants, which after evidence heard had been dismissed in appeal by the Supreme Court.

Upon the issue of res