Annamaly Chetty V. Thornhill

1932 Present : Garvin S.P.J. and Dalton J.

ANNAMALY CHETTY v. THORNHILL.

42-D. C. Ratnapura, 4,687.

Res judicata-Dismissal of action for failure to register plaintiff's business name-Subsequent action on same subject matter-Finality of decrees-Civil Procedure Code, s. 207.

The plaintiff brought action No. 4,122 in the District Court of Ratnapura to recover money due to him for rice and cash supplied. The defendant denied liability and further pleaded that the plaintiff could not maintain his action as he had failed to register his business name. " On January 17, 1927, the District Court entered judgment in favour of the plaintiff. The defendant appealed and the Supreme Court allowed the appeal and dismissed the plaintiff's action on the ground that he had failed to comply with the requirements of the Business Names Registration Ordinance, No. 6 of 1918.

Whilst the appeal was pending, plaintiff instituted the present action on June 2, 1927, upon the same cause of action. The District Court dismissed this action on the ground that it was barred by action No. 4,122.

This judgment was affirmed by the Supreme Court on March 13, 192

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