Baban Appu V. Gunewardene Et Al.

Present : Sir Joseph T. Hutchinson, Chief Justice, and
Mr. Justice Wendt. 1907  March 13.

BABAN APPU v. GUNEWARDENE et al.

D. C, Galle, 8,159.

Res judicata-Dismissal of action-Setting up same claim on different ground-Civil Procedure Code, s. 207.

    A party who has failed in one action cannot afterwards set up the same claim in another action between the same parties, and support it on grounds which might have been put forward in the first action.

    Section 207 of the ' Civil Procedure Code makes a judgment conclusive, not only as to matters actually pleaded, put in issue, and tried and decided, but also as to matters which might, and (according to the rules of the Code) ought to, have been pleaded, tried, and decided.

APPEAL by the first and second defendants from a judgment of appeal the District Judge of Galle (G. A. Baumgartner, Esq.).

    The facts and arguments are fully stated in the judgments.

    Bawa, for the first and second defendants, appellants.

    A. St. V. Jayewardene, for the plaintiff, respondent.

Cur. adv. vult.

    March 13, 1907. HUTCHISON C.J-

    The plaintiff claims a declaration of his title

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