Senaratna V. Perera Et Al.,

Present: Bertram C.J. and Jayewardene A.J.

SENARATNA v. PERERA ,et al.

14-D. C. Kurunegala, 8,448.

Res judicata-Action between co-owners-Added defendants-Adjudication between defendants inter se-Adverse claims.

Where a co-owner sues another to obtain a declaration of title to the undivided share he claims, and the other co-owners are joined to enable him to prove his title in their presence, the judgment obtained by him would be res judicata between the plaintiff and the defendants, but not between the defendants inter se.

The principle that the decision is not res judicata between co-defendants is subject to two exceptions:

(a) When a plaintiff cannot obtain the relief he claims without an adjudication between the defendants, and such an adjudication is made, the adjudication so made is res judicata not only between the plaintiff and the defendants, but also between the defendants.

(b) When adverse claims are set up by the defendants to an action, the Court may adjudicate upon the claims of such defendants among themselves, and such adjudication will be res judicata between the adversary defendants as well as between the plain

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