1928 Present : Schneider and Lyall Grant JJ.

ANNAMALAY CHETTY v. THORNHILL.

168-D. C. (Inty.) Ratnapura, 4,687.

Res   judicata-Action for goods delivered-Failure to register under Business Names Ordinance-Institution of fresh action pending appeal-Merger of claim-Civil Procedure Code, ss. 34 and 406.

In action No. 4,122 of the Court the plaintiff sued the defendant to recover a sum of money upon a running account between them in respect of goods sold and delivered and money advanced.

The defendant pleaded that the plaintiff had not complied with the requirements of the Business Names Registration Ordinance, and that his action failed.

The plaintiff obtained judgment and the defendant appealed. While the appeal was pending, the plaintiff having conformed to the requirements of the Ordinance instituted the present action, in which the claim was founded upon the same transactions as in the previous action save for the addition of a cause of action based upon an account stated.

Held, that the plaintiff's claim was merged in the decree entered in the previous case, and that the decree barred the second action.

IN action No. 4,122