UKKU MENIKA et al v. LAPE.

UKKU MENIKA et al v. LAPE.

C. R. Matale, 4,131.

Civil Procedure Code, s. 406-Dismissal of action after trial-Permission to bring fresh action-Validity of such order-Fiscal's transfer in favour of a dead person-Validity of such deed.

Where a Judge without calling on the defence dismissed an action rei vindicatio on the ground that the plaintiff had failed to make out his title but, about a week after such dismissal, gave the plaintiff liberty to re-institute the action-

Held, that the order giving the plaintiff liberty to re-institute the action was inoperative, as being made without jurisdiction, and that the said order did not prevent the defendant from successfully raising the plea of res judicata, if sued again on the same cause of action.

Held also, that a Fiscal's transfer in favour of a dead person was invalid and inoperative.

THE facts fully appear in the judgment of Grenier, A.J. The case was argued in appeal on 14th May, 1903.

H. A. Jayawardene, for defendant, appellant.

Van Langenberg, for plaintiffs, respondents.

Cur. adv. vult.

June 6, 1903. Grenier, A. J.-

This was an action by the plaintiff for a declaration of tit

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