Wiraratne vs Ensohamy – clr volume 2 page 157

In the case between the plaintiff claiming title to a field and certain defendants, the court addressed the procedural propriety of adding new parties (co-heirs) to an ejectment action, the method for effecting such amendments during an ongoing trial, and the imposition of costs due to irregular trial proceedings. It was determined that the district judge’s order to remove the case from the trial roll for the purpose of adding parties was improper, as all necessary parties were already before the court. The appropriate course of action, if further parties were to be joined, would have been amendment of the plaint and proper service of summons. The holding reaffirmed the requirement for correct procedural steps in adding parties and set aside the cost order against the plaintiff for the con

REF: clr volume 2 page 157 Category: Tag:
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