JAYAWARDENA v. WIJEYESINHA et al. ATTORNEY-GENERAL, added Party Defendant.

JAYAWARDENA v. WIJEYESINHA et al.

ATTORNEY-GENERAL, added Party Defendant.

D. C, Chilaw, 788.

 

Procedure-Partition suit-Admission of the Crown into the case as an added defendant-Denied by Attorney-General on behalf of the Crown of plaintiffs and defendant's title-Who to begin.

Where in a partition case the plaintiff and defendant derived title from a common ancestor, and the Crown appeared and was allowed to file answer as an added defendant denying the title of such ancestor to the whole of the land, and itself claiming title to a great portion of the land, the proper procedure is for the plaintiff to begin his case.

THIS case was instituted in January, 1894, by plaintiff against several defendants, who were alleged to be part owners of a certain tract of land, for partition of the same among them.

Answers were filed by many of the defendants, and the trial was fixed for 8th October, 1897; but notice of trial not having been served on all the defendants, the case was postponed for 10th February, 1898, and thereafter for several other dates. In the meanwhile, on the 26th May,

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