Chulalankara Thero vs Lavendris And Others – sllr 1981 volume 1 page 226

In the case between the Trustee of Raja Maha Vihara, Hittatiya (Plaintiff/Appellant) and Lavendris and others (Defendant/Respondents), the court addressed whether the doctrine of res judicata barred the present action, given two prior suits brought by a predecessor (Viharadhipathi) were dismissed for formal defects. It was determined that a trustee appointed under the Buddhist Temporalities Ordinance is neither the privy nor the successor in title to a Viharadhipathi; thus, the statutory bar under Section 406 of the Civil Procedure Code did not apply. The action was not precluded, and the appeal was allowed, reaffirming the principle that actions dismissed on formal or capacity defects do not bar subsequent suits by parties with distinct legal status. The decision relied on the constructio