Accord and satisfaction created a new settlement-based obligation, so a later suit was not barred by Section 34.

A substituted settlement agreement operating as accord and satisfaction extinguished the parties' prior rights and replaced them with new obligations under the receipt. Section 34 of the Ceylon Civil Procedure Act was construed as barring only subsequent claims or remedies arising from the same cause of action, not a later suit founded on a distinct and inconsistent settlement-based obligation. A claim on promissory notes was treated as separate from a claim for the amount found due under the settlement, so the suit was not barred and the amount recoverable under the settlement could be enforced.

---

---

Issues: Whether the suit for the sum found due under the settlement was barred by Section 34 of the Ceylon Civil Procedure Act, and whether the prior disputes had been extinguished by accord and satisfaction under the substituted agreement.

Analysis: The parties had conclusively settled all existing disputes by a substituted arrangement recorded in the receipt, under which the sums admitted due were to be discharged in a specified manner. That arrangement operated as accord and satisfaction, extinguishing the prior rights and replacing them with the new rights created by the settlement. Section 34 was held to be directed to requiring a plaintiff to include the whole of the claim or remedies arising from one cause of action, and not to preventing a suit where the later claim was founded on a distinct and inconsistent cause of action. A claim on the promissory notes and a claim for the amount found due under the settlement were not treated as the same cause of action.

Conclusion: The suit was not barred under Section 34, and the amount sued for was recoverable as part of the sum found due under the settlement. The appeal failed.

Ratio Decidendi: Section 34 of the Ceylon Civil Procedure Act bars only subsequent claims or remedies arising from the same cause of action, and does not prevent recovery on a distinct settlement-based obligation created by a substituted agreement that extinguishes the earlier rights.

---