1951 Present: Gratiaen J. and Pulle J.

NADARAJAH, Appellant, and PATHTHAKUDDY, Respondent

S. C. 139 Inty.-D. C. Trincomalee, 3,387

Res judicata-Claim and counter-claim-Compromise-Right of defendant to bring fresh action in respect of the counter-claim-Civil Procedure Code, ss 207, 408.

Where, in an action, a counter-claim made by the defendant is in substantial issue but, subsequently, a judgment by consent is entered in full satisfaction of the claim and without any reservation of the defendant's right to bring a separate action in respect of the counter-claim, the defendant is precluded from bringing a second action in respect of the counter-claim. If he does so, the consent decree in the previous action will operate as res judicata.

APPEAL from an order of the District Court, Trincomalee.

H. W. Tambiah, with G. F. Sethukavalar, for the defendant appellant.

E. R. S. R. Coomaraswamy, for the plaintiff respondent.

Cur. adv. vult.

May 30, 1951. PULLE J.-

The plaintiff in this action alleged that the defendant cultivated a paddy field in the year 1945 undertaking to deliver ten amunams of paddy. It was also alleged that the defend