WYREMUTTU v. ELIYATAMBY

WYREMUTTU v. ELIYATAMBY.

D. C., Batticaloa, 1, 696.

 

Civil Procedure Code, s. 32, subs: 2-Joinder of causes of action.

Plaintiff, in his personal capacity, and as administrator of the estate of his deceased wife, sued defendant on a bond on which plaintiff and his wife were obligees. With that claim plaintiff joined a claim as administrator of his deceased wife for a gold ornament which belong to his wife, and which was in defendant's possession.

Held, that the joinder of these two claims in one action, was not obnoxious to sub-section 2 of section 35 of the Civil Procedure Code.

Per Withers, J. -If plaintiff was suing for the gold ornament in his personal capacity, he could not well join his claim for it with the other cause of action.

THE facts of the case sufficiently appear in the judgments.

Wendt, for appellant.

Sampayo, for respondent.

8th October, 1896. Bonser, C. J. -

The District Judge has made a mistake in rejecting this plaint. The plaintiff is the administrator of his deceased wife. He and his wife were joint obligees of a bond given by the defendants. The plaintiff in his personal capacity, and also as administrato

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