Wijeyserkere V. Wijeysuriya

1943 Present: Moseley S.P.J. and Wijeyewardene J.

WIJEYSEKERE Appellant, and WIJEYSURIYA, Respondent.

31- D. C. Tangalla, 4,123.

Partition action-Application for intervention-Power of Court.

In a partition action a Court should not deny to parties the right to intervene until the final decree is entered.

In granting an application for intervention the Court has power to impose such terms as may appear fair and equitable.

APPEAL from an order of the District Judge of Tangalla.

A. R. H. Canekeratne, K.C. (with him Cosme), for intervenient-appellant.

C. V- Ranawake (with him H. W. Jayawardene), for substituted plaintiffs, respondents.

Cur. adv. vult.

July 7, 1943. WIJEYEWARDENE J.-

This is an appeal from an order rejecting the appellant's application to intervene in a partition action. The case was filed in 1936 and decree was entered in September, 1938, dismissing the action on the ground that the third defendant had acquired title to the entire land by prescriptive possession. In appeal, the finding on the question of prescriptive possession was set aside and the case was remitted to the District Court for trial " on the que

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