Christina V. Cecilin Fernando

1962 Present : L. B. de Silva, J., and G. P. A. Silva, J.

T. CHRISTINA and 3 others, Appellants, and S. CECILIN FERNANDO,
Respondent

S. C. 38/60 (Inty.)-D. C. Kalutara, 3648/T

Divorce-Decree nisi by default made absolute without notice to opposite party- Liability to collateral attack by third parties-Effect of a decree entered by a Court of competent jurisdiction-Civil Procedure Code, s. 85-Evidence Ordinance, ss. 41, 44.

It is not open to any person to attack collaterally a decree absolute for divorce, except on the grounds set out in sections 41 and 44 of the Evidence Ordinance.

The respondent applied for letters of administration to the estate of her deceased husband F. The objectors-appellants, claiming to be the lawful heirs of the deceased, opposed the application of the respondent on the ground that she was not legally married to the deceased. The basis of their claim was that the respondent was previously married to one M and that, in the action for divorce instituted by the respondent against M, the decree nisi by default after due service of summons was made absolute without service of notice of the decree nisi on

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