1930 Present: Fisher C.J. and Garvin J.

WICKREMASURIYA v. MUDIANSE et al.

376-D. C. Kurunegala, 12,031

Ex parte trial-Non-appearance of plaintiff-Dismissal of action- Court's power to vacate order-Application by plaintiff-Reasonable time-Good cause shown-Civil Procedure Code, s. 144.

An order dismissing an action for failure of plaintiff to appear on the day appointed for ex parte hearing May be vacated on terms if an application is made within a reasonable time and good cause shown for default of appearance.

APPEAL from an order of the District Judge of Kurunegala.

L. A. Rajapakse, for plaintiff, appellant.

No appearance for defendant, respondent.

March 25, 1930. GARVIN J.-

This was an action for declaration of title. The defendants who were duly served with summons appeared in Court. The second and third defendants disclaimed title ; the first defendant took time to file answer. Further time was granted to him on application. On June 21, 1928, the day ultimately appointed for the filing of his answer the first defendant was absent and his proctor intimated to the Court that he had no instructions. The District Judge fixed