SILVA et al. v. SILVA et al.

Present: Sir Charles Peter Layard, Kt., Chief Justice, and
Mr. Justice Moncreiff.

SILVA et al. v. SILVA et al.

D. C., Galle, 6,462.

Partition suit-Claim for damages-Misjoinder of claims-Ordinance No. 10 of 1863.

It is not competent for a plaintiff in a partition suit to join in such suit a claim for damages arising from a wrongful act committed by one of the co-owners.

Samarasinghe v. Balahami (5 N. L. R. 379) followed.

APPEAL from a judgment of the District Judge of Galle. The facts and arguments sufficiently appear in the judgment.

Sampayo, K.C. (E. Jayewardene with him), for appellants, (21st and 124th defendants).

H. J. G. Pereira, for respondents, (plaintiffs).

Cur. adv. vult.

28th March, 1905. LAYARD C.J.-

In this case the plaintiffs brought an action in the Distrcit Court of Galle for the purpose of partitioning a certain land under the provisions of Ordinance No. 10 of 1863. They further prayed for

an injunction restraining the 21st and 124th defendants from building  a house on the land pending this action.

With regard to the injunction prayed for, it is only necessary  to say that, although the plaintiffs asked

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