LEELANANDA SILVA

VS.

CHANDRAWATHIE WIJESEKERA AND ANOTHER

SUPREME COURT
SISIRA J. DE ABREW J.
NALIN PERERA J.
PRASANNA JAYAWARDENA, PC. J.
SC HC CA LA APPLICATION No. 449/2014
WP HCCA KAL 128/2007(F)
DC KALUTARA CASE No. 6040/P
12.07.2016.

Violation of Rule 28 (5) of SC Rules 1990- Preliminary Objection- SC Rules 1990- Partition Suit- Failure to Name Party in Petition.

This is an order on a Preliminary Objection raised on date of support by counsel for Plaintiff- Respondent- Respondent that application made by 17th Defendant- Appellant- Petitioner, Violates Rule 28 (5) of 1990 and as such application to be dismissed.

This was a partition action, and Plaintiff filed action to partition a land in Waskaduwa. Learned District Judge entered judgment partitioning the land in the following manner. An undivided 7/12 share jointly to Plaintiff and 1st Defendant. Remaining undivided 5/12th share to 22nd to 25th and 29th Defendants. Building and crops upon the land to be allotted to the aforesaid parties according to their respective shares. The other Defendants and 13th defendant received no shares. 17th Defendant filed an Appeal in the High Court. The pe