PONNAIAH v. PAYHAMY et al.

PONNAIAH v. PAYHAMY et al.

D. C, Kandy, 15,765.

Permission to bring fresh action-Institution of action before permission-Omission to plead one of several titles-Res judicata-Civil Procedure Code, s. 33.

A permission granted by the Appeal Court to a party to a suit to bring a fresh action does not render valid an action brought before such permission was granted.

Where a plaintiff brings an action for land, he must, under section 33 of the Civil Code, set out every title by which he claims to be entitled to it at the time of action. Where he omits to plead any title on which he might have relied in one action, he is debarred from setting up such title in a subsequent action.

APPEAL from a judgment of the District Judge of Kandy.

The plaintiff sued the defendants to vindicate a land called Tanenwatta. The defendants claimed the land, and also pleaded the decree in action No. 14,893 between the same parties as res judicata and a bar to the present action. In that action plaintiff claimed the land by right of inheritance, and when it was dismissed the plaintiff appealed, but before the appeal was decided brought the present acti

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