M. Sampath K. B. Wijeratne J.

Background

The Plaintiff–Respondent–Petitioner–Appellant (hereinafter referred to as the Plaintiff–Appellant) instituted this action in the District Court seeking to partition the land known as “Bulugahawatta.” After taking the preliminary steps, including the registration of lis pendens and the service of summons, a commission was issued to Mr. U. R. Edirisinghe, Licensed Surveyor, for the preparation of the preliminary plan. Upon executing the commission, the Commissioner tendered Plan No. 242 (marked ‘X’) together with the corresponding report (marked ‘X1’).

Upon service of summons, the 1^st Defendant–Respondent–Respondent Respondent (hereinafter referred to as the 1^st Defendant–Respondent) and the 15^th to 21^st Defendants–Respondents–Respondents–Respondents (hereinafter referred to as the 15^th to 21^st Defendants–Respondents) appeared in Court and filed their respective statements of claim. On 6^th June 1988, the 22^nd and 23^rd Defendants–Respondents were added as parties to the action, and they thereafter filed their statements of claim.

The 2^nd and 3^rd Defendants–Respondents–Respondents–Respondents (hereinafter referred to as the 2^nd and 3^rd Defendants–Re