SEELAWATHIE AND OTHERS

Vs.

PIYARATNE AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA,J.
CALA/507/2006
CALA/512/2006
CA/REV/1639/2002
DC PANADURA457/P

Partition Law, No. 21 of 1977, sections 5, 25(1), 48(3), 48(4)-Duty of the District Judge in a partition action-Miscarriage of justice-Articles 138 and 145 of the Constitution-Revisionary jurisdiction of the Court of Appeal-Civil Procedure Code, sections 27(2), 28, 753

The plaintiff filed action to partition the land among himself and the 17 defendants named in the plaint. Of them, only the 17th defendant was living on the land. After the preliminary survey, the number of defendants increased to 34 with new claimants who were living on the land.

According to section 5 of the Partition Law, a person need not have a prima facie right to or interest in the land to be made a party to the case. Every person who claims to be entitled to some interest in the land, not necessarily soil rights, shall be made a party. The failure of the plaintiff to name such claimants as parties to the case in the plaint is a violation of the said section.

Although the added defendants filed their statements of claim mainly