1918 Present: Bertram A.C.J. and De Sampayo J.

NEELAKUTTY v. ALVAR et al.

57-D. C. Jaffna, 11,929.

Partition action-Decree entered by Court of Requests-Land over Rs. 300 in value-Is decree binding on persons not parties to the action?- Jurisdiction-Judgment in rem.

A partition decree entered by a Court of Requests with reference to a piece of land exceeding Rs. 300 in value is not binding on a person claiming an interest in the property who was not a party to the action.

THE plaintiff brought this action to set aside a final partition decree obtained by the defendants with respect to a land in the Court of Requests of Point Pedro, in case No. 15,448, or to recover, in the alternative, damages consequent on the passing of the decree. He pleaded that the decree was obtained by fraud and without notice, and that the Court of Requests of Point Pedro had no jurisdiction to enter the said decree, as the said piece of land was worth in the year 1913, when the decree was passed, more than Rs. 300.

The action was heard on the following preliminary issues: -

(1) What was the value of the land in suit at the date of the institution of Co