1948     Present : Howard C.J. and Nagalingam J.

BANDA, Appellant, and KAROHAMY, Respondent

S. C. 290-D. C. Kurunegala. 2,941

Res judicata-Title accruing to defendant after institution of action-Not set up-Subsequent action by defendant-Cannot set up this title.

A defendant is bound to set up by way of defence every ground