Menchinahamy V. Muniweera Et Al.,

1950 Present: Dias S.P.J. and Gunasekara J.

MENCHINAHAMY, Petitioner, and MUNIWEERA et al., Respondents

Application 101-Application for revision or in the alternative for

Restitutio in integrum in S. C. 127-129 (D. C. Tangalle 4,445)

Partition action-Effect of order nisi being made absolute-Heirs of deceased party not added as parties-Restitutio in integrum-Circumstances when it will be granted-Proctor-Irregularity of acting in dual role of litigant and proctor.

In a partition action an intervenient disclosed the name of another necessary party, one N. In fact that party at that date was dead. When this fact was brought to the notice of the Court, notices issued on N's heirs to be added in her place. The Court issued an order nisi on N's son S and four other children of N to show cause why they should not be added. The order nisi was reported served and on the returnable date, they being absent, the Court made the order nisi absolute.

Held, that the effect of the order nisi being made absolute was that S and the other children of N were added as parties to the partition action.

Subsequently S died, but no steps were taken

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