1944 Present: Soertsz and Wijeyewardene JJ.

FERNANDO, Appellant and PERERA,
Respondent.

169-D. C. Chilaw, 11,785.

Costs-Order for costs in the class of action-Amount awarded in lower class- Jurisdiction of District Court-Powers of Supreme Court.

An order for costs in the class in which an action is instituted may be made when the amount actually awarded to the plaintiff is one in a lower class.

It is desirable that a trial Judge should state his reasons for such an order. On his failure to do so, it is open to the Court of Appeal to examine the merits of the order.

APPEAL from a judgment of the District Judge of Chilaw.

L. A. Rajapakse, for substituted defendant, appellant.

J. Fernando Pulle, for the plaintiff, respondent.

Cur. adv. vult.

May 12, 1944. SOERTSZ J.-

The short but not unimportant point that arises on the only submission made to us on behalf of the appellant is whether an order for costs in the class in which an action is instituted is justified when the sum actually awarded to the plaintiff is a sum in a lower class.

Counsel for the appellant did not contend, and I do not think he could have contended successfully, tha