Weerawagoe vs Fernando – clr volume 2 page 207

In the case between the assignee of Adrian Sirimane (Plaintiff) and Fernando and others (Defendants), the court addressed whether an assignee, having been prevented from being substituted as plaintiff in the original action due to objections by defendants alleging a forged assignment, may instead bring a separate suit to recover the judgment debt. It was held that such an action is permissible where substitution is refused through the defendants’ own contest. The court reaffirmed the principle that procedural obstacles raised by defendants cannot defeat a valid assignment, nor can defendants take advantage of their own opposition to bar the assignee’s remedy. This decision relied on established procedure regarding assignment of judgments and the maxim that a party may not be twice vexed fo