1946  Present: de Silva J.

MUTUWA et at., Appellants, and ALBERT, Respondent.

269-C. B. Matale, 8,486.

Court of Requests-Appearance of defendants on day specified in Summons- Duty of Court to call upon them to admit or deny plaintiff?s clam-Civil Procedure Code, s. 809.
   
Where, in an action in a Court of Requests, some of the defendants appeared oil the day specified in tin summons hut did not want to file answer-
    
Held, that the defendants should have been called upon to either admit or done the plaintiff?s claim in accordance with the provisions of section 809 of the Civil Procedure Code.

APPEAL from an order of the Commissioner of Requests, Matale.

G. T. Samarawickreme (with him Thor Misso), for the defendants, appellants.

S. R. Wijayatilake, for the plaintiff, respondent.

March 6, 1946. DE SILVA J.-
   
In this case there has been an entire failure to observe the procedure laid down in section 809 of the Civil Procedure Code.
   
The plaintiff instituted this action against four defendants to recover a sum of Rs. 198 alleged to be due to him as his share of certain trees which had been cut down by the defendants. Summ