Present: Lascelles C.J. and Grenier J.

SCHRADER v. JOSEPH

Court of Requests-Money case-Absence of defendant when case called- Judgment for. plaintiff--Civil Procedure Code, s. 823.

In a Court of Requests, if a plaintiff fails to appear at the proper time, namely, at the hour fixed for trial, or when the case is called on, his action is liable to be dismissed, subject to his right under sub-section (5) to institute a fresh action, if he satisfies the Commissioner that he was prevented from appearing from accident, misfortune, or other unavoidable cause; and in the same way a defendant is liable to have judgment entered by default against him if he does not appear at the appointed time, or when the case-is called on. subject to his rights under sub-section (3) to have the judgment set aside on satisfying the Commissioner that he was prevented from attending by similar unavoidable cause.

Marikar v. Colombo Municipal Council1 and Hadjiar v. Kunjie2 over ruled.

THIS case was referred to a Bench of two Judges by Wood Renton J. The facts are set out by Wood Renton J. as follows in his judgment (February 26, 1912): -

This i