1934 Present: Garvin S.P.J, and Dalton J.

DON DAVID v. DON SIMON.

44-(Inty.) D. C. Matara, 7,739.

    Partition action-Summons served on defendant-No notice of trial on defendant-Ex parte proceedings-Ordinance No. 10 of 1863, s. 4.

Where, in a partition action, the defendant on service of summons was absent on the day appointed for his appearance, he is not entitled to receive notice of the day of trial.

In such circumstances the Court is required to proceed to hear the evidence and investigate the title of the respective parties in so far as may be practicable by an ex parte proceeding.

APPEAL from an order of the District Judge of Matara.

Mr. T. de S. Ameresekere for the defendant appellant.

E. F. N. Gratiaen (with him S. Alles), for the plaintiff, respondent.

August 1, 1934. GARVIN S.P.J.-

This is a proceeding under the Partition Ordinance. In the plaint the persons disclosed as having interests in this land are the plaintiff and the defendant alone. The plaintiff claimed that he was entitled to 1/3 and assigned the remaining 2/3 to the defendant. In due course summons was issued upon the defendant and on October 18, 1932, th