The Ceylon Tea Plantation Co, Ltd., V. Carry

[Full Bench. ]

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Middleton, and Mr. Justice Wood Renton.

THE CEYLON TEA PLANTATION CO., LTD., v. CARRY.

D. C., Negombo, 7, 224.

Decree ordering a party to account-Final order-No appeal lies to Privy Council-Value not ascertained-Courts Ordinance,, s. 42. A decree ordering a party to a suit to render an account (which decree finally decides the rights of the parties on the principal question at issue between them) is a final decree within the meaning of section 42 of the Courts Ordinance.

But an appeal to the Privy Council would not lie against such a decree, inasmuch as it is impossible to say till the account has been taken that the decree is for or in respect of a sum or matter at issue above the amount or value of Its. 5, 000.

PLAINTIFF brought this action to compel the defendant to render an account generally from the beginning of his employment under him. He alleged in the plaint that it would appear when the account was taken that the defendant owed him Rs. 30, 000.

The defendant admitted his liability to account for the last three years of h

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