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The learned Counsel for the Petitioners submitted thatthough the Section 49 states that parties are entitled to claimdamages it does not give any prescriptive period within whichthe action for damages could be filed. he cannot thereafter reprobate, and seekto set aside the decree upon which he has exercised such aright. The learned Counsel further submittedthat once a person exercises the right given under Section 49of the Partition Act. He further contended that the Petitioner isnow estopped from denying that he had accepted the finalityof the interlocutory decree and proceeded to take steps torecover from the Plaintiff – Respondent any advantage ofa compensation that may arise from the finality of theinterlocutory decree. 1313/Mand 1314/M in the District Court of MountLavinia, under Section 49 of the Partition Act claimingmonitory compensation for the Petitioner and her childrenon the basis that their interest have been extinguished orotherwise prejudiced by the said interlocutory decreetantamount to holding out or causing or permitting thePlaintiff – Respondent to believe that the Petitioner hasaccepted the finality of the interlocutory decree and to actupon that belief. The learned Counsel for the Plaintiff – Respondent raiseda preliminary objection, in that as the Petitioners have filed twocases, viz. It is admitted that the Petitioners were not parties to thepartition action. 1996 wherein he has refused anapplication to add the Petitioners as parties to the partitionaction. JAYAWICKREMA, J.This is an application to revise the order of the learnedDistrict Judge dated 24. Palihapitiya for Plaintiff – Respondents.C.A. (2) It is clear that the Petitioners have accepted the finality of theJudgment and the Interlocutory Decree in this action.ĪPPLICATION in Revision and/or Restitutio-in-integrum from theOrder of the District Court of Mt. “Although in an appropriate case this Court has jurisdiction to actin Revision and restitutio-in-integrum, but where a party hasdeliberately not shown due diligence even after he was notified bythe Surveyor to appear in Court and fails to apply to be added asa party, this Court will not exercise its jurisdiction in his favour.” The above provisions state that "the amount of damages shall be acharge on any share of the land or any money allotted in such action”makes it clear that a party will not be prejudiced by the mere fact of notbeing added as a party – S.49(l) prevents such prejudice. Refusal to add Party – Case filedclaiming compensation under S.49 – Is he estopped from challengingInterlocutory Decree.Īccording to S.48(5) and S.48(l) it is clear that the only remedyavailable to a person who was not a party to a partition action, is to filea separate action to recover damages from any party to the action, if hesays that his land has been partitioned. Provincial Council & Local Authorities StatutesĠĭC MT.Now let me empty that brand new tissue box next to me and wish you a nice ride in Adaline Land. He gave to this old man haunted by his past a real deal of emotions. This is proving me how great and talented this actor is. The rest of the cast is doing great too especially Harrison Ford who I was surprised to see in that kind of movie. She's always in the right tone, the right emotion and she transported me throughout the movie.
#ADLINE ANYDO MOVIE#
She is illuminating in this movie and we could feel that she owns Adaline throughout the story. The main reason is probably Blake Lively. Of course it's not as powerful as Titanic or Gone with the Wind but it is without a doubt one of the best movies I've seen this year.
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But Adaline is a good exception and this beautiful story will let you shed some tears and give you a warm feeling that life has many beautiful things to offer so we have to enjoy every opportunity given to our eyes.
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It's actually becoming redundant and to be frank not always beautifully used as it should be. Of course it's not the first time a movie is focused on the forever young theme. I will also avoid peeling some onions to not make this any harder. As I'm the romantic type, it would be hard for me to keep being objective.