[FULL BENCH]

Present : Ennis, De Sampayo, and Schneider JJ.

MAMNOOR v. MOHAMED.

377-C.R. Colombo, 81 233.

Postponement on application of defendant-Order that if costs be not paid before next date, judgment would be entered for plaintiff-Power of Court to make order without consent of parties-Civil Procedure Code, ss. 143 and 821.

Apart from consent of parties, the Court has no power to order when granting an adjournment that if costs be not paid before the adjourned bearing, judgment will be entered against the party failing to pay costs.

THE facts are set out in the judgment of Schneider J.

Keuneman (with him Schokman), for defendant, appellant.-The order of the Commissioner is not authorized by the Code. He could have ordered that the costs should be paid before the next date of trial, and if the costs were not paid, the plaintiff could have issued writ. But he had no authority to add a further condition that if the costs were not paid before the next date of trial, judgment should be entered in favour of the plaintiff. Ban Etana v. Appu [1] and Summanasara Unnanse v. Seneviratne [2] It has been held that he could impose this conditio