1936 Present : Dalton A.C.J, and Soertsz A.J.

MATCHER v. DE ABREW.

104 - D. C. Colombo, 90

Adjournment of trial-Application by defendant -Absence of plaintiff-Power of Court-Civil Procedure Code, ss. 82 and 84.

Where at the hearing of an action the plaintiff was absent and the defendant applied for a postponement, the Court is not bound to act under section 84 of the Civil Procedure Code and grant an adjournment.

APPEAL from an order of the District Judge of Colombo.

Gratiaen (with him J. A. T. Perera), for plaintiff, appellant.

N. E. Weerasooria (with him T. S. Fernando), for defendant, respondent.

June 2,1936. DALTON A.C.J.-

In this action the plaintiff (appellant) sued the defendant (respondent) to recover the sum of Rs. 500 under a deed of partnership. The defendant denied liability and claimed a sum of Rs. 2,500 in reconvention. The action was instituted on January 22, 1934. The journal entries are very badly made and difficult to decipher, but I gather that the case was fixed for trial on June 20, 1934. On that day the defendant obtained a postponement on the ground that a material witness for the defence was away in England a