PERIS v. PERIS.

D. C., Colombo, 14,181.

Partition-Ordinance No. 10 of 1863-Inherited lands and shares of lands- action for partition or sale of such lands-Parties necessary to the suit.

Where the plaintiffs and defendants had inherited numerous lands and shares of lands, and the plaintiffs prayed for a partition or sale of such lands, without making the co-owners of the deceased ancestor parties to the suit,-

Held, that the Ordinance No. 10 of 1863 permits an action to be raised for the partition or sale of several lands held in common.

An undivided portion of a larger extent of land cannot be the subject of a partition suit unless the co-owners of the whole corpus be made parties to it.

If many entire lands are sought to be partitioned together with a land not held in common by all the plaintiffs and defendants, the proper course is to leave it to be dealt with in a separate suit.

THE plaintiffs prayed for a partition or sale of numerous lands and shares of lands which belonged to one Peris and his wife, and which after their death devolved on the plaintiffs and defendants as their offspring. The first defendant filed answer objecting inter alia t