CAROLIS APPUHAMY v. SINGHO APPU.

CAROLIS APPUHAMY v. SINGHO APPU.

D. C., Kandy, 14,056.

Ex parte trial.-Illness and absence of plaintiff on trial day-Dismissal of case -Motion to vacate order of dismissal-Power of Court to rescind orders made ex parte-Right of plaintiff to relief.

Defendant not appearing, the case was fixed for trial ex parte. plaintiff was absent and the trial was adjourned to another day, when too the plaintiff was absent. His case was dismissed. Two months afterwards he filed affidavit averring that his absence on the trial day was due to severe illness for more than six weeks, during which time he was quite unable to attend to any business, and moved that the order of dismissal be vacated.

Held that the District Judge had power to open or rescind any order made ex parte, on being satisfied that it was prejudicial to a party through no fault of his.

Held further, that, whether the Court below had power or not to rescind its decree, the circumstances of the case justified the decree being set aside by the Supreme Court and the case being remitted for trial in due course.

ACTION on a mortgage bond. Defendant did not appear, and the case was fi

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