Fernando Et Al. V. Mathew Et Al.

Present: Middleton J. and Wood Renton J.

In re the Estate of H. P. Fernando Wimalagoonewardene.

FERNANDO et al. v. MATHEW et al.

140-D. C. Colombo, 3,858.

Joint proxy in favour of one proctor by several executors-Application by some of the executors to revoke the proxy granted by them-Discretion of Court-Civil Procedure Code, s. 27.

Section 27 of the Civil Procedure Code invests the Court with a real discretion as. to whether or not the revocation of a proxy should be allowed

THE facts are set out in the judgment of Wood Renton J.

Bawa (with him H. A. Jayewardene and A. St. V. Jayewardene), for appellants,-A party has a general right to change his pleader. This section no doubt makes it necessary to obtain the leave of the Court for that. The Court will usually grant leave on the request of the party. See Hukm Chand's Civil Procedure Code,. vol. I., p. 493. James L. J. said in Ex parte Yalden,1 " A man has a right to change his solicitor if he likes, but then the law imposes certain terms in favour of the solicitor, that is to say, that the papers in the suit cannot be taken out of his hands without his having his costs paid "

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