Rockland Distilleries V. Azeez

1949 Present: Nagalingam J. and Windham J.

ROCKLAND DISTILLERIES, Appellant, and AZEEZ, Respondent

S. C. 14-D. C. Kalutara, 26,490

Co-owners-Action for damages caused to common property-Action by one co-owner-Need others be made parties ?-Civil Procedure Code, ss. 12, 17, 18.

One co-owner can institute an action for damages caused to the common property without joining the other co-owners either as plaintiffs or defendants.

APPEAL from a judgment of the District Judge, Kalutara.

H. W. Jayawardene, with Wijeratne, for the defendant appellant.

M. H. A. Azeez, for the plaintiff respondent.

Cur. adv. vult.

May 9, 1949. NAGALINGAM J.-

The question involved on this appeal is whether a co-owner can institute an action for damages caused to the common property without joining either as a party plaintiff or party defendant the remaining co-owners.

The plaintiff instituted the action without disclosing the fact that there was another co-owner of the property but in the course of trial it transpired that the plaintiff had subsequent to the date of the institution of the action but prior to the date of trial acquired the outstanding in

Click Here to Read the rest of this document