FERNANDO et uxor v. AMMAL
Present: Mr. Justine Wendt and Mr. Justice Middleton.
FERNANDO et uxor v. AMMAL.
D. C., Colombo, 23, 809.
Res judicata-Woman married after Ordinance No. 15 of 1876-Judgment against husband in respect of the wife's separate estate -Estoppel -Abolition of community of property -Bights of wife -Roman-Dutch Law -Ordinance No, 15 of 1876, ss. 8 and 20 -Civil Procedure Code (Ordinance No. 2 of 1889).
A judgment obtained against the husband alone of a woman married, after Ordinance No. 15 of 1876 came into operation, in respect of her separate property, does not bind the wife.
The repeal of section 20 of Ordinance No. 15 of 1876, which enabled a wife to appear in Court as a party to an action by the Civil Procedure Code, did not revive the law that existed prior to the passing of the said Ordinance.
Middileton J. -The alteration of the law relating to married woman by Ordinance No. 15of 1876 must of necessity have conferred on a married woman the right to appear in Court as a party to an action, assisted by her husband.
APPEAL by the plaintiffs from a judgment of the District Judge (Joseph Grenier, Esq. ) dismissing their action. The fact
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