S.R. CHETTIAR AND OTHERS V.S.N. CHETTIAR

S.R. CHETTIAR AND OTHERS V.S.N. CHETTIAR

SUPREME COURT,
J. A. N. DE SlLVA , C.J.,
DR. SHIRANI A. BANDARANAYAKE J.,
AMARATUNGA , J.,
MARSOOF, J. AND
RATNAYAKE ,J.
S.C (APPEAL) NO. 101 A/2009
S.C.H.C.(C.A) LA NO. 174/2008
H.C. APPEAL I WP/HCCA/COL NO. 83/2008 (L.A.)
D.C. COLOMBO NO. 428/T
MARCH 3RD ,2010

Civil Procedure Code - Section754(1) - Mode of preferring an appeal - Section 754(5) - Interpretation of "judgment" and "order" for purposes of the chapter LVIII, Section 5 of the Civil Procedure Code.

when shall an order have the effect of a judgment and decree within Me meaning of Section 754(5) of the Civil Procedure Code.

This was an appeal from an order of the Provincial High Court of Civil Appeal of the Western Province. The High Court by its order, overruled the preliminary objection raised by the 2nd to 4th defendants- respondents - appellants (appellants) on the basis that the plaintiff - petitioner - respondent's (plaintiff) leave to appeal application filed in the High Court is misconceived and that the respondent was only entitled to a find appeal.

The appellant preferred an application to the Supreme Court agai

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