Karunatilleke V. Karunatilleke Et Al.,

1951 Present: Nagalingam J. and Basnayake J.

KARUNATILLEKE, Appellant, and KARUNATILLEKE et al.,

Respondents

S. C. 131-D. C. Colombo, 2,094/D

Divorce action-Defendant husband's counter-claim for divorce-Allegation of acts of adultery with several men-Condonation of all except one-Need all the adulterers be made parties?-Civil Procedure Code, ss. 75, 77, 598, 603.

 In an action for dissolution of marriage brought by a wife the husband filed answer denying the plaintiff's allegations and accusing the plaintiff of misconduct with three persons A, B and C. He claimed a divorce on the ground that the plaintiff was living in adultery with D. He averred that he was all along willing to condone her acts of adultery with A, B and C.

Held, that the defendant was under no obligation to make A, B and C parties to the action or to apply for an excuse from the court, under section 598 of the Civil Procedure Code, for not making them parties.

APPEAL from a judgment of the District Court, Colombo.

E. B. Wikramanayake, K.C., with J. Fernandopulle, for the 1st defendant appellant.

E. G. Wickramanayake, K.C., with C. E. Jayewardene, f

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