Sokalingam Chetty V. Kalimuttu Chetty

1943 Present: Soertsz S.P.J. and Keuneman J.

SOCKALINGAM CHETTY, Appellant, and KALIMUTTU
CHETTY, Respondent.

350, 351 and 352-D. C. Colombo, 1,839 and 1,871.

Res judicata-Action dismissed, parties having settled dispute-Statutory bar against fresh action-Decree of dismissal-Not a registrable instrument- Registration of Documents Ordinance (Cap. 101) s. 8 (b)-Civil Procedure Code, s. 406.

Where an action for declaration of title to land is dismissed, the parties having settled their dispute, the dismissal would operate as a statutory bar against the institution of a fresh action upon the same cause of action. Such a statutory bar is binding on parties as well as their privies. Held, further, that a decree entered in such circumstances is not registrable instrument within the meaning of section 8 (b) of the Registration of Documents Ordinance.

THESE were appeals in two actions, which were consolidated for the purpose of argument. Case No. 350 was a partition action instituted by one Thiagarajah for the partition of two lands. The other case No. 351-352 was instituted by one Kalimuttu for a declaration that Thiagaraj

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