De Silva V. Nonohamy Et Al.,

1932 Present: Macdonell C.J., Garvin S.P.J., Dalton J. and
Jayewardene A.J.

DE SILVA v. NONOHAMY et al.

356-D, C. Galle, 27,260.

Right of way-Claimed over several lands-Obstruction by owner of one land- Joinder of owners of intervening lands-Roman-Dutch law-Civil Procedure Code, s. 18.

Per MACDONELL C.J., GARVIN S.P.J., and JAYEWARDENE A.J. (DALTON J. dissenting):-

Where a person who claims to be entitled to a right of way which traverses a number of contiguous lands is obstructed and disturbed in the enjoyment of his rights by the owner of one of these lands, an action brought by him against the wrong-doer for a declaration of his right and damages, is not badly constituted because the owners of all the intervening servient tenements are not joined as parties.

Where, it appears that the owner of an intervening land denies the right of way the Court may, in exercise of the powers vested in it by section 18 of the Civil Procedure Code, add the said owner as a party to the action.

THIS was an action in which the plaintiffs claimed a right of way for carts from their land to the Gansabhawa road. They stated that the defendant o

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