Manamalage Michael Ranjith Fernando vs Manamalage Marcus Fernando and Prema Dayani – SC APPEAL NO. 117/2011-2017

In the case between Manamalage Michael Ranjith Fernando alias Mahipalage Michael Ranjith Perera (Plaintiff) and Manamalage Marcus Fernando and Prema Dayani (Defendants), the Supreme Court addressed the applicability of the doctrine of res judicata where a prior action, involving the plaintiff’s father as a life interest holder, was followed by a subsequent action by the son, the absolute owner. It was held that res judicata was inapplicable due to the distinction between the parties and the causes of action in the two proceedings. The principle reaffirmed is that res judicata does not arise where parties or causes of action are not identical. Reliance was placed on relevant statutory provisions, including Sections 207 and 41 of the Civil Procedure Code. The judgment emphasizes the necessit