Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Middleton.

FERNANDO v. FERNANDO.

D. C., Colombo, 21,125.

Appeal to the Privy Council-" Party "-Courts Ordinance (No. 1 of 1889), s. 42-Ordinance No. 14 of 1901-Charter of 1883, cl. 52.

Any person who. is prejudicially affected by a judgment or order of the Supreme Court made in any action is a " party" to that action within the meaning of section 42 of the Courts Ordinance (amended by Ordinance No. 14 of 1901), which regulates the right of appeal to His Majesty in Council.

APPLICATION for a certificate under section 42, as amended by Ordinance No. 14 of 1901, preparatory to appeal to His Majesty in Council from the Judgment of the Supreme Court in Fernando v. Fernando(1(1906) 9 N. L. R. 1). The application was opposed by the respondent.

Walter Pereira, K.C. for respondent.-The applicant was not a party within the meaning of section 42 of the Courts Ordinance. He was merely a claimant of a certain sum of money which was in deposit under section 350 of the Civil Code. The proceeding as between the applicant and the respondent was only an incidental one; it was