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

ABDUL AZIZ v. ABDUL RAHIM et al.

D. C, Colombo, 26,976.

    Appeal to Privy Council-Decree dismissing possessory, action with liberty to plaintiff to amend plaint and proceed with action as a rei vindicatio action-Civil Procedure Code, s. 781.

The Appeal Court dismissed plaintiff's possessory action and gave him liberty to amend his plaint and proceed with the action as an action to vindicate his title to the premises in dispute.

Held, that the decree was a final decree, and that it was open to the plaintiff to appeal to the Privy Council against that decree. A certificate under section 781, Civil Procedure Code, was granted to the plaintiff.

THE Appeal Court by its judgment reported in 12 N. L. R. 330 dismissed plaintiff's possessory action and gave him liberty to amend his plaint and proceed with the action as an action to vindicate title to the premises in dispute.1 (1909) 2 Ch. 129.

The plaintiff, with a view to appeal to the Privy Council, applied for a certificate under section 781, Civil Procedure Code.

Bawa (with him F. M. de Saram