Goonesekera Et Al. V. Adirian Et Al.,

Present: Middleton J. and Wood Renton J.   July.18,1910

GOONESEKERA et al. v. ADIRIAN et al.

81-D. C. Galle, 9,679.

Inherent power of Court-Partition action stayed till one defendant's dispute with another defendant be decided by a separate action.

The District Judge, suspecting that the object of this suit was to have the eighth defendant's dispute with the third defendant decided in an action where no stamp fees had to be paid, stayed proceedings and directed the eighth defendant to bring a separate action against the third defendant to set aside a deed alleged by her to be void, as having been granted for the sale of her share during minority.

The Supreme Court set aside the order and directed that the action be proceeded with, as the District Judge was not justified in acting on suspicion.

Middleton J.-" I am not prepared to accede to the proposition that the Court has not any inherent authority to prevent abuse of its process in cases where the Legislature has not distinctly provided for such contingencies. If the eighth defendant had been seeking partition herself against the plaintiff, on the ground that her conveyanc

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