Sinnathamby Et Al., V. Kandiah Et Al.,

1954 Present: Weerasooriya J. and de Silva J.

SINNATHAMBY et al, Appellants, and KANDIAH el al.,
Respondents

S. C. 42-D. C. (Inty.) Chavakachcheri, 261
 

Civil Procedure Code--Necessary party-Refusal to join in action--Duty of Court to add such party-Sections17, 18 (1), 473.

Section 473 of the Civil Procedure Code provides that where there are several trustees they shall all be made parties to an action instituted by one or more of them. Hence, if one of them refuses to join in the action it is the duty of the Court, acting under section 18 (1), to add him as a party defendant.

APPEAL from an order of the District Court, Chavakachcheri.

C. Renganathan, for the 1st and 2nd plaintiffs-appellants.

J. V. C. Nathaniel, for the 1st, 2nd, 3rd, 22nd, 24th, 26th-29th, 31st and 32nd defendants-respondents and the citee-respondent.

Cur. adv. vult.

September 16, 1954. WEERASOORIYA J.-

The citee-respondent was originally joined as the 3rd plaintiff in this action on the basis that he and the other two plaintiffs are the duly appointed trustees of the Nellikinathaddy Kandaswamy Kovil at Mirusuvil.

In the course of the proceedings

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