Jasline Nona V. Samaranayake

1948 Present : Nagalingam and Basnayake JJ.
 
JASLINE NONA, Appellant, and SAMARANAYAKE,
Respondent.
 
S. C. 80-D. C. Matara, 15,497.

Civil Procedure Code-Action for divorce-Adultery-Adulterer not made a defendant-No application for excuse-Provisions imperative-Sections 598 and 599.
 
The provisions of sections 598 and 599 of the Civil Procedure Code are imperative. Where, therefore, a plaintiff sues for divorce on the ground of adultery but does not make the alleged adulterer a defendant nor apply for an excuse in terms of section 599 the plaint should be rejected.
 
APPEAL from a judgment of the District Judge, Matara.

E. A. G. de Silva, for the defendant, appellant.
 
No appearance for the plaintiff, respondent.

Cur. adv. vult.

 May 10, 1948. Basnayake J.-
 
This is an action for divorce a vinculo matrimonial instituted in August, 1943, by the husband of the defendant on the ground of adultery. In his plaint the plaintiff alleges adultery with one R. B. Soman in 1935

who he states is now dead, one Hendrick Appu, and several other unnamed persons ; but he does not make any of the adulterers a co-defendant as he is required to d

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