John Singho V. Pedris Hamy Et Al.,

1947 Present: Wijeyewardene and Jayatileke JJ.

JOHN SINGHO, Appellant, and PEDRIS HAMY, et al., Respondents.

S. C. 59-D. C. (Inty.) Kalutara, 24,550.

Partition action-Points in dispute agreed on-Other matters decided-Duty of trial Judge,

Where in a partition action all parties agree on the points in dispute and state them to Court the Judge should not consider without giving and notice to the parties any other matters that may appeal to him to arise between the parties in the course of the proceedings. The positive will however be different when the points in dispute are not set down in the form of issues.

APPEAL from a judgment of the District Judge of Kalutara.

E. A. P. Wijeratne, for the plaintiff, appellant.

S, W. Jayasuriya, for the defendant, respondents.

May 14, 1947. WIJEYEWARDENE J -

This is a partition action. At the commencement of the trial the Judge made the following note : -

"The dispute is whether Andiris Naide owned the land or whether Aberan, his son, owned the land. The plaintiff says Andiris owned it, the fifth and eleventh defendants say that Aberan owned it,"

On the evidence before him, the Judg

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