RAMEN CHETTY v. FREDERICK APPUHAMI.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Wendt.

RAMEN CHETTY v. FREDERICK APPUHAMI.

D. C., Colombo, 22,461.

Action on c decree-Disallowance of application for writ-Res judicata-Civil Procedure Code, ss, 217, 223, and 337.

It is not open to a person who has obtained a decree of a competent Court to maintain a separate action on such decree. The only course open to such person is to enforce the decree in manner
provided by the Civil Procedure Code.

Tambi Marikar Wappu Marikar v. Nainama Nachia. (1 Bal, 160) disapproved.

IN September, 1899, the plaintiff obtained a decree against the defendant for Rs. 7,410.14 in case No. 12,955, D. C, Colombo. Writ was issued, but it was returned unexecuted. The plaintiff

on the 1st September, 1905, made an application for reissue of writ, but the application was disallowed on the ground that the plaintiff had not used due diligence on the last preceding application to procure complete satisfaction of the decree. The plaintiff did not appeal against this order, but instituted the present action on the original decree. The District Judge (J. R. Weinman,

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