Dingiri Menika V. Punchi Mahatmaya Et Al.,

Present: The Hon. Mr. J. P. Middleton, Acting Chief Justice, Jan.24,1910
and Mr, Justice Wood Renton.
 
DINGIRI MENIKA v. PUNCHI MAHATMAYA et al. D. C, Kegalla, 2,437.

    Res judicata-Dismissal of action in Court of requests for a small portion of an inheritance-Subsequent action in District Court for the remainder-Decisory oath-Civil Procedure Code, ss. 34, 207, and 4015-Cause of action-Interlocutory appeals.

Plaintiff's claim, in C. E., Kegalla, 7,627, to one land by right of fraternal inheritance was dismissed on the strength of a decisory oath. In the present case the plaintiff claimed by the same right in the District Court as against the same defendants other lands belonging to the same inheritance.

Held, the decision in the first case was res judicata of the present action.
For the purpose of determining whether or not two causes of action are the same, we have to look not to the mere form in which the action is brought, but to the grounds of the plaint, and -to the media on which the plaintiff asks for judgment.

Sections 34, 207, and 406 of the Civil Procedure Code are not exhaustive of the law of res judi

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