Marjan Et Al., V. Burah Et Al.,

1948 Present . Canekeratne and Nagalingam JJ.

MARJAN et al., Appellants, and BURAH et al., Respondents

S. C. 38-D. C. Inty. Tangalla, 198

Charitable trust-Muslim Intestate Succession and Wakfs Ordinance-Application under-Governed by summary procedure-Misjoinder of parties and causes of action-Cap. 50-Sections 15 and 16-Civil Procedure Code. ss. 373, 374, 376.

Jurisdiction-Power of Court to set aside its own decree-Judgment in rent-Absence of notice to party interested-Right of such party to impeach the judgment.

(i) The Muslim Intestate Succession and Wakfs Ordinance creates a class of cases in regard to which the procedure should be what is designated by the Civil Procedure Code as summary procedure.

Each distinct trust must form the subject of a separate application and two or more separate trusts cannot be combined in one application.

(ii) When a Court has jurisdiction of the subject matter and the parties its judgment cannot be impeached collaterally for errors of law or irregularities in procedure.

(iii) A judgment which is in the nature of a judgment in rem cannot be sought to be set aside by a party interested in it

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