1942 Present: Howard C.J. and Soertsz J.

SETHA v. MUTTUWA.

41- D. C. Kandy, 5,299.

Privy Council-Application for conditional leave-Value of subject-matter-Appreciation in value-Value of appellant's interest-Rule of succession in Kandyan Law-Matter of general or public importance-Privy Council (Appeals) Ordinance (Cap. 85), Rule 1 (a) and 1 (b).

Where, in an application for conditional leave to Appeal to the Privy Council, the property which is the subject-matter of the application has appreciated in value since the institution of proceedings the applicant should be allowed to prove its value at the time of appeal unless there is evidence of a fraudulent under-valuation.

De Alwis v. Appuhamy (30 N. L. R. 421) followed.

In determining the right of appeal the test that should be applied is, how does the judgment affect the interests of the party who is prejudiced by it and who seeks to relieve himself from it by appeal ?

A question of intestate succession arising in Kandyan law in circumstances that are more of uncommon than of common occurrence is not one of great general or public importance within the meaning of Rule (1) (b) of the Rules