1962   Present : T. S. Fernando, J., and Abeyesundere, J.

W. A. VICTOR PERERA, Appellant, and K. DON JINADASA and 9 others, Respondents

S. C. 588-D. C. Colombo, 8576/L

    Partition action-Interlocutory decree-Extent of its finality-Effect of failure to register lis pendens-Partition Act (Cap. 69), s. 48 (3).

In partition suit No. 7059 R, who was added as a party, did not take any action herself in respect of the suit and did not participate at the trial. After interlocutory decree was entered she attempted to intervene in the suit in order to obtain either a dismissal of the suit or an exclusion of Lots 1 and 2 in the corpus. Her attempt proved unsuccessful. Thereafter she transferred her rights in Lots 1 and 2 to V. P. Relying upon this deed of transfer, V. P. instituted the present action No. 8576 claiming a declaration of title to Lots 1 and 2, citing as defendants all the persons who had been allotted shares in the interlocutory decree which dealt with Lots 1, 2 and 3 as one corpus. He claimed that, inasmuch as the partition action had not been duly registered as a lis pendens, his right to a declaration of his title was unaf