Sinnathuray J

This application before me on March 29, 1985 in Summons-in-Chambers No. 2399/85 is for an order on the part of the defendant that the Originating Summons that commenced these proceedings be dismissed out of Court under Order 18 rule 19 and under the inherent jurisdiction of the Court on the grounds that (1) it is frivolous and vexatious, and (2) it is an abuse of the process of the Court, and for other orders relating to costs.

Mr. Daniel for the defendant, on the second ground that these proceedings be dismissed as an abuse of the process of the Court, makes two submissions.

It is the contention of the plaintiffs in this Originating Summons that the plaintiffs paid for a piece of land on behalf of the Company of which the defendant is the liquidator. The submission for the defendant is that this contention of the plaintiffs had been the subject matter of an action between the Company and Dr. Huang who, in this Originating Summons, raises the same issue but in the name of his firm.

It is not in dispute that in that action the subject matter was the piece of land, and the result of the litigation was that there was a settlement and a consent Judgment was entered which