[IN REVISION]

1935   Present  : Akbar S.P.J. and Koch A.J.

SABAPATHY v. DUNLOP et al.

 D. C. Avissawella, 1,636 and 1,637.

'Restitutio  in integrum-Judgment entered by compromise_Application to set aside decree-Fear and surprise-Powers of Supreme Court-Civil Procedure Code, s. 408 and 752-Courts Ordinance, s. 40.

Where an action has been adjusted by agreement or compromise under section 408 of the Civil Procedure Code, the Supreme Court has power to set aside, by way of restitution or revision, a judgment entered in terms of the section, on the ground of fear or mistake.

A threat from a Judge to dismiss a plaintiff's case unless he agreed to the terms of settlement would amount to fear.

THIS was an application to set aside by way of revision or restitution the orders in two cases entered of consent between the plaintiff and the respective defendants in the actions.

The settlement was entered into in Court in the presence of the District Judge and was signed by the plaintiff, the defendants, and the District Judge.

The facts are fully stated in the judgment of Akbar S.P.J.

N. Nadarajah (with him P. Navaratnarajah), for plaintif