SILVA v. GIMARAH. 1903.

C.R., Galle, 2,466.

Partition suit-Ordinance No. 10 of 1863, s. 17-Alienation of land during pendency of partition suit-Validity of deed.

    A partition suit was commenced on 13th November, 1900, and a preliminary decree entered on 28th August, 1901, declaring that A and B were entitled to one-third of the land, and they do pay to the plaintiff Rs. 89 as costs. Thereafter, on the 17th September, 1901, A and B passed a deed of conveyance, as regards their one-third share  of the land to C. The plaintiff caused the Fiscal to seize the one-third share and levy out of it his costs. C claimed the said share as his.

    In an action brought by the plaintiff against A, B, and C to have the deed declared null and void,-

    Held, per LAYARD, C.J., that the judgment of the Full Bench in Annamalai Pillai v. Perera (6 N. L. R. 108), which was binding upon him in the decision of the present case, is questionable, as it did not appear to be fully argued whether there was privity of contract between a purchaser at a sale in execution and the judgment-debtor whose property was sold, nor was the question raised whether a