Palaniappa Chetty V. Saminathan Chetty Et Al.

Present: Lascelles C.J. and Wood Renton J.

PALANIAPPA CHETTY v. SAMINATHAN CHETTY et al

38-D. C. Colombo, 30,719.

Payment of debt by a promissory note-Conditional payment-Action on notes dismissed for material alteration-Subsequent action for the recovery of the original consideration-Res judicata-Civil Procedure Code, ss. 34,207.

The defendants gave the plaintiff two promissory notes as a conditional discharge of their indebtedness. The plaintiff sued the defendants on the notes, but the action was dismissed on the ground that the notes were materially altered by the insertion of a rate of interest. The plaintiff thereupon brought the present action for the recovery of part of the original consideration in respect of which the notes were granted.

Held, that plaintiff's action was not barred by the dismissal of the previous action upon the notes.

Wood Renton J.-" Section 34 of the Civil Procedure Code does not require a plaintiff to exhaust in one suit all the causes of action that he may have at the date of the suit in respect of the property or the relief claimed by him, and of which he was then

Lascelles C.J.-" Th

Click Here to Read the rest of this document