Loku Menika V. Selenduhamy

1947 Present: Dias J.

LOKU MENIKA, Appellant, and SELENDUHAMY, Respondent.

S. C. 192-C. R. Ratnapura, 1,528.

Civil Procedure-Mortgage Ordinance-Application for appointment of legal representative--Notice not served on respondents-Decree entered-Application to set aside decree-Procedure.

Where an order is made ex parte the proper procedure to be adopted by the person against whom that order has been made is, in the first instance, to move the Court which made the order to set it aside. Such an application would not be in terms of the Civil Procedure Code but in accordance with a rule of practice which has become deeply ingrained in the legal system of Ceylon.

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

H. V. Perera, K.C. (with him S. R. Wijayatilake), for the second defendant, appellant.

N. E. Weerasooria, K.C, (with him P. Navaratnarajah), for the petitioners, respondents.

Cur. adv. vult.

June 10, 1947. DIAS J.-

The plaintiff B. A. Abraham Singho instituted this mortgage action, and as the mortgagors were dead, he moved to have a " legal representative " appointed in place of the deceased mortgagors unde

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