Saparamadu V. Saparamadu Et Al.

Present : Mr. Justice Middleton and Mr. Justice Grenier.

SAPARAMADU v. SAPARAMADU et al.

D.C. Negombo, 5,709.

Partition suit-Fiscal's sale pending partition suit-Validity-Sale by purchaser-Invalidity-Alienation by owner not party to the suit- Substitutions-Ordinance No. 10 of 1863, s. 17

    Where pending a partition suit the plaintiff's share was sold by the Fiscal, and the purchaser at such sale, who was not made a party to the suit, sold it to a third party-

Held, that the sale by the purchaser to such third party was void under section 17 of Ordinance No. 10 of 1863, notwithstanding that such purchaser was not a party to the suit, and that he was not entitled to maintain the action as substituted plaintiff.

    Held, also, that the Fiscal's purchaser may be substituted as plaintiff and the action proceeded with.

    SUIT for partition. The plaintiff alleged that Harmanis Sappa-ramadu and his "wife were the original owners of the land sought to be partitioned, and that they died about twenty-five years ago, leaving as their heirs five children, and also leaving an estate under Rs.1,000 in value. The children were (1)

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