1937   Present: Hearne J. and Fernando A.J.

FERNANDO et al. v. FERNANDO.

88-D. C. Colombo, 483.
 

Joinder of causes of action-Misjoinder of parties-Civil Procedure Code, ss. 14 and 36.

Where two causes of action are joined in one action against two defendants, in one of which it is claimed that the defendants are jointly-liable and in the other it is claimed that one defendant is solely liable,-

Held, that there was a misjoinder of parties and causes of action.

Kanagasabapathy v. Kanagasabai (25 N. L. R. 173) followed.

London and Lancashire Fire Insurance Co. (.18 N. L. R. 15) not followed. .

Held further, in such a case the Supreme Court may remit the action to the trial Court for such amendments in the pleadings as may enable the plaintiffs to regularize the proceedings.

PLAINTIFFS who are the children of the first defendant claimed that on deed No. 3,004 of February 17, 1885, the first defendant became entitled to an undivided half share of certain property subject to a fidei commissum in favour of her children. The first defendant instituted a partition action for this property in 1911, and decree for sale was entered. At