NAGOOR PITCHE v. PAKEER et al.

NAGOOR PITCHE v. PAKEER et al.

D. C., Kandy, 13,455.

Partition case-Defendants not to be found-Ordinance No. 10 of 1863, s. 5- It shall be lawful "-Application to issue commission for partition- Notice thereof, on whom to be served-Discretion of District Judge.

Under section 5 of the Partition Ordinance, a District Judge having decreed partition has no power to refuse to issue a commission for partition, on the ground that notice of the application should be personally served on defendants who are not to be found in the Island.

Where in the absence of the defendants who were reported to be in India, notice of the application for a commission to partition bad been given by the plaintiff to the party in actual possession of the property, who was the lessee of it,-

Held that the appointment of a commissioner to partition the land may be made without personal service of. the application on the defendants.

IN this partition suit there were five defendants. The fifth defendant only appeared and the remaining four were said to be resident in Tanjore, South India. As their address was not known, the summons intended for them was, by

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