CAMIL
VS.
PODIMENIKE

COURT OF APPEAL
CHANDRA EKANAYAKE, J.
SRI SKANDARAJAH, J.
CA 1219/2001 [REV]
DC KULIYAPITIYA 11190/L/95

Revision - Declaration sought- Evidence led - Inspection by Court - Observation of Judge at an inspection - Does it amount to evidence? -Issues to be answered on evidence led - Defendant not permitted to lead evidence - Consent to an inspection by Court - Can the judgment entered after inspection be challenged? - No leave to appeal- Does Revision lie ?- Section 754 Civil Procedure Code.

The plaintiff - respondent instituted action seeking a declaration that the defendant - petitioner is not entitled to a road way over the plaintiff's land. After settling issues and leading evidence of several witnesses further trial and inspection by Court was agreed by the parties. After inspection by Court, date was given for submissions of the defendant. The plaintiff objected to the application of the defendant to call witnesses. This objection was upheld by Court. The defendant moved by way of Revision.

The plaintiff-respondent contended that no revision lies as the defendant­ appellant has not resorted to the procedure under Section 754, and t