Present: Jayewardene A.J.

MOONESINGHE v. PEREIRA et al,

66-C. B. Colombo, 19,715.

    Advocate-Action for refund of fees rot maintainable-English law.

An advocate cannot sue or be sued by a client in respect of fees due to him or paid to him.

An advocate in Ceylon stands towards his clients in the same legal position as a barrister-at-law in England.

The principle laid down in Kennedy v. Broun 1[1 (1863) 7 L. T. 626 (630).] applied.

The rules of the Roman-Dutch law on- the subject have no application to local advocates.

THE plaintiff through his proctor retained the defendants' testator, who was a barrister-at-law, an advocate of the Supreme Court, and a King's Counsel, to appear for him in a case in appeal. Before the appeal could be heard, the advocate died, and it is admitted that no work was done for the fee paid to him. After the death of the advocate, the plaintiff requested the defendants, the advocate's executors, to return the fee which the defendants refused. The plaintiff instituted the present action for the recovery of the fee, and the learned Commissioner of Requests gave judgment for the plaintiff.

E. J. Samarawi