1946  Present: Cannon and Canekeratne JJ.

SADIRISA, Appellant, and ABEYESINGHE, Respondent

351-D. C. Colombo, 2,075.

Evidence-Discovery of new evidence after hearing of ease-Re-opening of case.

Where the plaintiff denied possession of certain documents which the defendant (appellant) alleged were relevant to his case end, after the hearing of to case, new evidence was discovered which indicated that the documents ware in fact in the possession of the plaintiff-
    
Held, that, as the failure to produce the new evidence earlier was not due to the defendant?s negligence or default, the case should be re-opened so that the trial Judge might consider the new evidence and decide on its effect and, if necessary, vary his order.

APPEAL from a judgment of the District Court of Colombo.

G. E. Chilly (with him M. D. H. Jayewardene ), for the 2nd defendant, appellant.

E. B. Wikramanayake, for the plaintiff, respondent.

March 8, 1946. CANNON J.-.
   
It was alleged by the 2nd defendant, who is the appellant, that two plans, Nos. 169 and 170, referred to his case, but he said that he could not produce them because they were in the possessio