1928 Present: Garvin and Drieberg JJ.

RAMBUKPOTA v, JAYAKODDY.

101-D. C. Kurunegala, 12,914.

Injunction-Prayer in plaint-Affidavit-Civil Procedure Code s. 662.

Where the plaint in an action includes a prayer for an interim injunction, the application for the injunction must be supported by an affidavit.

APPLICATION to revise an order of the District Judge of Kurunegala.

Hayley, K.C (with Weerasooriya), for applicant. H. V. Perera, for respondent.

May 26, 1928. DRIEBERG J.-

The respondent brought this action on January 27, 1928, for a declaration of title to a portion of land an acre in extent and part of his estate, which he said the petitioner had taken forcible possession of .He alleged that through this portion ran his estate road, and that the petitioner had blocked up this road and prevented his use of it. In addition to the usual relief of declaration of title, ejectment, and damages, he prayed for an injunction restraining the petitioner from preventing his use of the road until the decision of the action. When presenting the plaint the respondent's proctor moved for an interim injunction on the petitioner. The Court allowed sum