Murugappan Chettiar V. Nadarajan Chettiar

1952 Present: Gratiaen J. and Gunasekara J.

MURUGAPPAN CHETTIAR,  Appellant, and NADARAJAN
CHETTIAR, Respondent

S. C. 42-D. C. Colombo, 20,470
 

Lis alibi pendens-Stay of proceedings-Conditions precedent-Civil Procedure Code, s. 839.

An order staying all proceedings in an action until the conclusion of a litigation which is pending between the parties in a foreign Court cannot be made except upon proper material. A mere balance of convenience is not a sufficient ground for depriving a plaintiff of the advantages of prosecuting his action in a court in Ceylon if it is otherwise properly brought.

APPEAL from an order of the District Court, Colombo.

C. Thiagalingam, Q. C., with S. Sharvananda and G. A. Thavathurai, for the plaintiff appellant.

E. B. Wikramanayake, Q .C., with S. Thangarajah, for the defendant respondent.

Cur. adv. vult.

June 5, 1952. GRATIAEN J.

This is an appeal from an order of the District Court of Colombo, dated 22nd November, 1950, directing that all proceedings in the present action should be stayed until the conclusion of a litigation which was pending between the parties in the Sub-Court of

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