Present : Ennis J.

JEERISHAMY v. DAVITH SINNO.

815-P. C. Tangalla. 766.

Maintenance-Application for maintenance of children-Dismissal of application- as applicant was absent-Subsequent application-- Res judicata-Does appeal He against refusal to order maintenance.

The dismissal of an application for maintenance for children on the ground that applicant was absent is no bar to a fresh application.

Where a subsequent application was dismissed without inquiry.

Held, that there was no appeal against the order. The applicant was directed to make a fresh application in the Polite Court,

THE facts appear from the judgment.

Soertsz, for the appellant. Keuneman, for the respondent.

September 6, 1921. ENNIS J.-

This is an appeal from an order refusing to grant an application for maintenance.

It appears that the appellant had been in 1913 granted maintenance for herself and one child at the rate of Rs. 12. 50 per month.
The counsel for the appellant contends that sometime afterwards the parties were reconciled, and that two other children were born to them.

On April 20, 1920, the appellant applied for maintenance in respect of these tw