Soothiratnam Et Al., V. Annamma

1954 Present : Gratiaen, J., and Gunasekara, J.

SOOTHIRATNAM (widow of V. Velupillai) et al., Appellants, and
ANNAMMA (widow of Amirthalingam), Respondent

S. C. 403-D. C. Jaffna, 4,900/L

Abatement of action-Actio rei vindicatio-Transfer of subject-matter by plaintiff pending action-Effect of abatement order on separate action instituted by plaintiff's transferee-Civil Procedure Code, ss. 396 403, 404-Registration of Documents Ordinance, s. 11 (1) and (3).

Section 403 of the Civil Procedure Code, which prohibits a fresh action being brought when an action has abated, directly affects only those persons who, while they are precluded from instituting separate proceedings on the same cause of action, nevertheless enjoy the alternative remedy of having the order of abatement vacated in order that the original action may be proceeded with.

A instituted against B an action for the recovery of certain property. The lis pendens was not registered. During the pendency of the action, A transferred the property in dispute to C. Subsequently A died, and, as his legal representatives took no steps to continue the proceedings, an order of

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