PAKIR MOHIDIN v. MOHAMADU CASIM.

PAKIR MOHIDIN v. MOHAMADU CASIM.

D. C., Galle, 5,643-

Practice.-failure to yet ready for trial-Ex parte trial-Application to vacate judgement-Negligence of proctor-Inadmissibility of affidavit. sworn to before a Justice of the Peace, who was defendant's own proctor.

Where defendant, after filling answer, took no steps to get ready for trial, so that be case proceeded ex parte and a, decree nisi Was entered against him, and he applied a fortnight afterwards to vacate the judgment on the ground that he was not present in found when the date of trial was fixed, and that his prortor's clerk subsequently gave ft date which he mistook for the 27th July. Whereas the proper date was the 27th June, with the result that he. failed to instruct his proctor in due time,-

Held, it was the duty of his proctor to have informed him of the proper date of trial and to have asked for instructions, and that as the proctor did not appear to have done his duty, he was to blame for the absence of the defendant and the defendant must suffer for the fault of his proctor.

An affidavit sworn by the defendant before his own proctor is not, according to the pra

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