Baron Appuhamy V. Tivanahamy

1938 Present: Koch J
.
BARON APPUHAMY v. TIVANAHAMY.

50-C. R. Badulla, 8,755.

Courts of Requests-Order setting aside judgment by default-Not a trial order.

An appeal does not lie from an order of the Courts of Requests setting aside a judgment entered by default.

APPEAL from a judgment of the Commissioner of Requests, Badulla.

P. Thiagarajah, for plaintiff, appellant.

W. E. Abeykoon, for defendant, respondent.

July 4, 1938. KOCH J. -

Judgment by default was entered in this case against the respondent who later appeared before the Court, and, having shown cause, succeeded in obtaining an order setting aside the judgment so entered. An appeal has been preferred from that order on two grounds-

(1) that the judgment against the respondent was not one by default, but entered inter partes, and that, therefore, the Court had no power to vacate it;

(2) that the cause shown by the defendant was insufficient in law to excuse his default.

A preliminary objection has been taken by the respondent's Counsel that no appeal lay from the order setting aside the judgment by default, as this order was not final. He cited the case of Le

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