Caroline Soysa V. Lady Ratwatte

1944 Present: Howard C.J. and de Kretser J.

CAROLINE SOYSA et al. Appellants, and LADY RATWATTE et al.
Respondents.

80-D. C. (Inty.) Kandy, 457.

Action-Right to sue in a representative capacity-Persons having a common interest-Permission to sue granted-Notice to show cause-Proceedings irregular-Proper application of section-Civil Procedure Code s. 16.

Where permission is given by Court under section 16 of the Civil Procedure Code to a party to sue on behalf of persons having a common interest in bringing the action, the section imposes on the Court, after granting such permission, the duty of giving notice of the - institution of the action to all persons on behalf of Whom the action is brought.

Where the Court, after giving permission to sue, proceeded to direct notice of the application to sue to be given in the newspapers inviting persons interested to show cause against the application,

Held, that the notice was misconceived and that the proceedings were irregular. On an application for leave to the under section 16 such objectors are not entitled to be heard.

Where the applicants for permission to sue on behalf of an

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