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Home > History and Archaeology > History > The Supreme Court Reports (Volume 2); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest: (English)
The Supreme Court Reports (Volume 2); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest: (English)

The Supreme Court Reports (Volume 2); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest: (English)

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: This onus he has not discharged and in my opinion the Weerk- fkekk judgment of the Court below should be set aside and the v. plaintiffs action dismissed with costs. . Seelawanka Before Lawrie And Withers, j. j. February 14 and 21, 1893. THE ATTORNEY-GENERAL v. APPUHAMY and another [No. 153, D. C. Kegalla.] Pleadings?Amendment- Notice?Postponement?Cots? Section 93 Civil Procedure Code. On the day of trial the Court, in the presence of the ptrties, allowed the'plaint to he amended by the addition of certain words. The amendment not being a material one, in that it did not alter the issues in the case. ffr'd that the defendant was not entitled to a postponement of the case-' Per Withers, J.?An order allowing an amendment should direct the delivery f the amended pleading within a given time to the opposite party. On the day of hearing of an action brought by the Attorney- General on behalf of the Crown the defendant's counsel drew the attention of the Judge of the Court below to an addition to the plaint inserted at the end of the first paragraph in these words That the said Welikada Mukalana is a forest land and submitted that its presence was unauthorized as it had not been initialled by the Judge as required by section 93 of the Civil Code. The Court then initialled the additional matter. The counsel for the defence still contesting the legality of the amendment applied for an adjournment and the costs of the day in order to plead over to the new matter if so advised. The learned Judge refused the application and the defendant appealed. Dornhont for defendant-appellant. The motion to amend was not made in Court and the amendment is consequently irregular. The District Judge having allowed the amendment, ought to have granted applicati...


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Product Details
  • ISBN-13: 9780217610674
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 58
  • Series Title: English
  • Weight: 122 gr
  • ISBN-10: 0217610676
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 3 mm
  • Width: 189 mm

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The Supreme Court Reports (Volume 2); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest: (English)
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