Present: Mr. Justice Wendt and Mr. Justice Wood Renton.

PALANIAPPA v. GOMES et al.

D. C., Kalutara, 3,697.
 

     Civil Procedure Code, ss. 418, 207, 5-Dismissal of action on account of plaintiff's failure to give security for costs-Res judicata.
 
    Where the plaintiff brought an action in the District Court of Colombo against the defendant, who was resident in Kalutara, on a promissory note, and having been ordered to give security for costs under section 417 of the Code, he failed to do so, and his. action was dismissed under section 418 of the Code; and where the plaintiff brought an action on the same note in the District Court of Kalutara, and the defendant pleaded the dismissal of the previous action as res judicata,-
 
    Held, that the dismissal of the first action operated as res judicata and barred the second action.
 
    Hariram Mohanji v. Lalbai1 referred to and distinguished.
 
    1 (1902) I. L. R. 26 Bom. 637.

 
    APPEAL by the first defendant from a judgment of the District Judge of Kalutara (P. E. Pieris, Esq.). The facts are fully stated in the judgment.
 
    Bawa, for the first defendant, appellant.