1959 Present  : Basnayake, C.J., and Pulle, J.

W. UBERIS et, al., Appellants, and M. W. JAYAWARDENE,
Respondent

S. C. 44 - D. C. (Inty.) Galle, 3465/L

    Partition action--Preliminary survey-Duty of surveyor to adhere Strictly to terms of commission--Amendment of pleadings-Effect on lis pendens-Civil Procedure Code, s. 93.

In a partition action, when a commission is issued to a surveyor to carry' out a preliminary survey it is the duty of the surveyor to adhere strictly to its terms and to locate and survey the land he is commissioned to survey. It is not open to him, even with the consent of the parties, to survey a portion only of the land and submit the plan and report of such survey. If he is unable to locate the land he is commissioned to survey, he should so report to the Court and ask for further instructions.

Per BASNAYAKE, C.J.-An action in respect of one land cannot be converted into an action in respect of another land by an amendment of pleadings.

Per PULLE, J.-When, a plaint in a partition, action is amended so as to substitute a new corpus for-the one described in the first plaint, a fresh lis pendens
would be necessar