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ABANCHI APPU v. FERNANDO


Abanchi Appu V. Fernando

1914.  Present  : Pereira J.

ABANCHI APPU v. FERNANDO.

395-C. R. Matale, 10,961.

Compulsory reference to arbitration-Action relating to matters of account-Appeal from order entering up judgment according to award on a compulsory reference-Court of Requests.

To justify s compulsory reference of the matters in dispute in an action to arbitration, it is insufficient that the action merely relates to matters of account. It is further necessary that it should be found by the Judge that the matters of account are of an intricate and complicated character, and that therefore the action cannot conveniently be tried in the ordinary way.

An appeal lies from an order by a Court of requests entering op judgment according to an award on a compulsory reference to arbitration to the same extent that an appeal lies generally from orders and judgments of Courts of Requests.

THE facts appear from the judgment.

Wadsworth, for defendant, appellant.-The order of reference was ultra vires. Section 5 of Ordinance No. 15 of 1866 states under

what circumstances matters of account can be compulsorily referred to arbitration. In this case the simple questi









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