Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Middleton, and Mr. Justice
Wood Renton.

SILVA v, SILVA et al.

D. C, Galle, 7,879.

Preliminary decree in a partition action-Binding on parties to the action- Res judicata-Third parties may intervene before final decree.
A preliminary decree made in a partition action in accordance with the judgment is binding on the parties to it, subject to an appeal, and the power given by section 189, Civil Procedure Code, to correct or modify any clerical or arithmetical error. The Judge who made the preliminary decree or his successor in office has no power to modify the preliminary decree, even if he be of opinion that the former decision was mistaken in fact or law.

But before the final decree is made, persons who were not parties to the preliminary decree can come in and have their claims adjudicated upon, as the preliminary decree would not bind such persons.

APPEAL from a judgment of the District Judge of Galle (W. E. A Thorpe, Esq.). In this case Mr. McLeod, District Judge, by his judgment of January 13, 1908, held that the added defen