Mohamed Cassim V. Sinne Lebbe Maricar

Present: Mr. Justice Wendt and Mr. Justice Middleton.

MOHAMED CASSIM v. SINNE LEBBE MARICAR et al.

D. C, Galle, 8. 254,

Res judicata-Dismissal of action owing to want of cause of action- Second action-Civil Procedure Code, ss. 34, 207, and 406. A judgment dismissing an action for declaration of title to land on the ground that the plaint disclosed no valid cause of action does not operate as a bar to a second action for the same relief.

ACTION rei vindicatio. The plaintiff sought to vindicate his title to an undivided two-thirds share of house No. 44, Church street, in the Fort of Galle, alleging that the first defendant was in the forcible and unlawful possession of the same, denying and disputing the plaintiff's title to the same. The first defendant denied the plaintiff's title and also pleaded that the plaintiff's action was barred by reason of the decree in D. C., Galle, 5, 265, dated July 8, 1899, dismissing an action brought for the whole of the premises by Sella Umma, a predecessor in title of the plaintiff, against first defendant.

The judgment in 5, 265, which was pleaded as res judicata, was as follows: -" I am of

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