Present: Garvin A.J. and Jayewardene A.J.1923.

 FERNANDO v. PERERA.

104-D. C. Ratnapura, 3,851.

Civil Procedure Code, ss. 34 and 406-Action in Court of requests withdrawn without obtaining leave before service of summons on defendant-Fresh action in District Court for larger sum on same cause of action-Is action barred ?-Date of institution of action- Service of summons-Interpretation of Statutes-Power of Court to add to the language of a Statute..

Plaintiff, a toddy renter, sued his tavern keeper for Rs. 24-28 as balance due on the accounts. But before service of summons on defendant, he discovered a mistake and withdrew his action, and brought this action in the District Court for Rs. 644" 88 as balance due to him.

Held, that as plaintiff did not obtain leave to bring a fresh action when he withdrew the action in the Court of Requests, he was barred by section 406 of the Civil Procedure Code from instituting this action.

By the combined provisions of sections 34 and 406 the plaintiff is barred from claiming even the sum in excess of Rs. 24-28, if he was aware of it when he instituted the Court of Requests action.

The fact that the ac