Jayawardene V. The Baptist Missionary Society et Al.,

Present: Porter and Schneider JJ. 1923.

JAYAWARDENE v. THE BAPTIST MISSIONARY SOCIETY et al.

393- D. C. Chilaw 6,777.

Action against the congregation of a church-Order under section 16 of the Civil Procedure Code-Representation order-Decree as to costs-' How jar binding on members of congregation who were not parties to action ?

The effect of a representation order under section 16 of the Civil Procedure Code is to bind persons who are not parties, but who are represented as having a common interest, only in so far as the property which is the subject-matter of the action is concerned, but is ineffectual to render them liable in costs or damages.

IN action No. 5,502, D. C. Chilaw, the appellant corporation sued " the members of the congregation of the Baptist Church at Madampe " represented under section 16 of the Civil Procedure Code by certain seven persons in respect of the land on which the chapel, used by the congregation for worship, stands, alleging that the appellants were the lawful owners thereof, and that the members of congregation denied their right and refused to quit and restore possessio

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