SEDOHAMI v. MAHOMADU ALI

SEDOHAMI  v.  MAHOMADU  ALI

D. C, Matara, 997.

Partition Ordinance, 1863-Preliminary decree-Plan of the land sought to be partitioned-Plan to be filed with the plaint.

    The preliminary decree in a partition suit should determine the limits and extent of the land sought to be partitioned or sold, with the same care and precision as it adjudicates on the individual interest of the parties to that suit. As such a decree has been held to be one in rem binding on all persons whomsoever, it is of the utmost importance that the extent and limits of the common land should be adjudged in the preliminary decree as well as the shares of the claiming co-owners.

    In an action for partition the plaintiff should append to his plaint a plan or sketch of the land sought to be partitioned, and should lead such proof of the metes and bounds of the land as will enable the Court to
adjudicate on that part of the case.

    The persons to whom the Commission issues should know precisely what the land is which he has to partition according to the instructions of his Commission.

    Section 8 of the Ordinance No. 10 of 1863 provides indeed tha

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