1922 Present : De Sampayo and Schneider JJ.

DULLEWE et al. v. DULLEWE et al.

 30-D. C. Kandy, 28,349.

Partition Ordinance, 1863, s. 9-Action for damages against parties to a partition action for depriving plaintiff of hi* share by not dis-closing tame to Court-Act of omission.

A purchaser from one of the heirs of X instituted a partition action on the footing that only the children of the brothers of X were the heirs  of X, and that the sisters of X were not heirs. After preliminary decree the children of the brothers came to a settlement with the children of the sisters and gave them in the testamentary case a smaller portion than they would have been entitled to had the sisters been intestate heirs. On the report of the Commissioner in the partition case being received, the plaintiff issued notice to the defendants (children of the brothers) to show cause against the scheme of partition being confirmed, and as they did not appear to. show cause, final decree was entered. The children of the sisters thereafter brought this action for damages against some of the children of the brothers under section 9 of the Partition Ordinance, 1868.