Suppiah Pillai Et Al., V. Ramanathan Et Al.,

1936   Present: Moseley J. and Fernando A.J.

SUPPIAH PILLAI et al. v. RAMANATHAN et al.

157-D. C. Kandy, 44936.

Action by plaintiffs in representative character-Common interest-Failure to follow directions of Court regarding notice-Civil Procedure Code, s. 16.

Where plaintiffs, representing a number of persons, sued the defendants for the return of money held by the latter for the benefit of the plaintiffs and those whom they represented,-

Held, that the plaintiffs had a common interest in bringing the action within the meaning of section 16 of the Civil Procedure Code.

Where the Court in giving permission to the plaintiffs to sue on behalf of the others directed them to give the required notice under the section in two publications,-

Held, that failure to comply with the order was a fatal irregularity.

APPEAL from a judgment of the District Judge of Kandy.

H. V. Perera (with him C. E. S. Perera), for defendant, appellants.

N. E. Weerasooria (with him E. B. Wikremanayake), for plaintiff, respondents.

October 8, 1936. MOSELEY J.-

This is an appeal against a judgment of the District Court of Kandy in favour of

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