Karunawardana V. Wijesuriya

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice.

KARUNAWARDANA v. WIJESURIYA et al.

C. R., Galle, 4,564.

    Res judicata-Action on mortgage bond by administratrix-Dismissal because letters insufficiently stamped-Subsequent action. on the same bond-Plea in bar.

The plaintiff, as administratrix, sued the defendants on a mortgage bond; the action was dismissed on the ground that the letters of administration were not duly stamped. The plaintiff thereupon got the letters duly stamped and instituted this action on the same bond. The defendants pleaded the judgment in the first action as res judicata.

Held, that the plea was bad, inasmuch as the first action was dismissed . for want of title on the part of the plaintiff to sue, and such dismissal did not operate . as res judicata.

APPEAL from a judgment of the Commissioner of Requests, Galle.

A. St. V. Jayewardene, for the defendants, appellants.

E. W. Jayewardene, for the plaintiff, respondent.

Cur. adv. vult.

July 14, 1908. HUTCHINSON C.J.-

The plaintiff sues in this action, as administratrix of the estate of the late Andris de Silva, Constable Arachchi, on a mortga

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