Mohamed Sheriff V. Muttu Natchia

1932 Present: Garvin S.P.J. and Drieberg and Akbar JJ.

MOHAMED SHERIFF v. MUTTU NATCHIA

170-D. C. (Inty.) Kalutara, 1,031.

Privy Council-Application for conditional leave-Judicial settlement-Order on executor to give list of mortgage bonds and other debts-Reasons for non-recovery of debts-Final order-Ordinance No. 31 of 1909, rule 1 (a).

In an application for judicial settlement by an executor the District Judge, after dealing with the case of one mortgage bond, ordered the executor to file a detailed list of the other bonds and debts of the estate, showing what steps he took and what amounts he recovered in each-case and the reason for non-recovery. The Supreme Court affirmed the order.

Held (in an application for leave to appeal to the Privy Council), that the order had the effect of a final judgment and that the executor was entitled to have leave to appeal.

APPLICATION for conditional leave to appeal to the Privy Council from an order made in the course of an application for judicial settlement by an executor.

Choksy, for executor, appellant (with him Canekeratne and Jayawickrama).-The judgment is final because it fi

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