BRAMPY v. PERIS.

D. C., Colombo, 9,016.

Ex parte trial-Notice to defendant in default-Right of defendant to cross-examine at ex parte trial-Evidence-Adjournment.

Where a defendant takes time to answer but fails to answer on the appointed, day, the Court may fix the case for ex parte hearing. At such hearing the defendant has, under the Civil Procedure Code, no right to cross-examine the plaintiff or his witnesses.

If the Court is dissatisfied with the evidence adduced at an ex parte trial it should, in an order, point out in what respects the evidence already recorded is defective mid then adjourn either to a day named or sine die. The plaintiff may put the cause on the roll when he is able to supplement the defective evidence.

THE land which formed the subject of dispute in this case was bequeathed by a husband and wife to Peris and Juan. After the death of the testators their executor entered into possession of the land and sold the same to the plaintiff, for the purpose of defraying the expenses incurred by the executor in proving the will. After the sale the plaintiff was put in possession, but Peris ejected him from the land and c