WARNASURIYA v. LUCY NONA et al.
1948 Present :
Canekeratne, Windham, and Gratiaen JJ.
WARNASURIYA, Appellant, and LUCY NONA et al.,
Respondents.
S. C. 385-D. C. Matara, 16,577.
Counsel-Application for
postponement-Refusal-Withdrawal from action-How far binding on client.
Counsel has, by reason of his retainer, complete authority over the suit and the
mode of conducting it, and an abandonment of the action by him would be binding
on his client.
APPEAL
from a judgment of the District Judge of Matara.
E. B. Wikramanayake, for the plaintiff, appellant.-Postponement should
have been granted in view of the circumstances in which it was asked for.
The plaintiff was not bound by the act of his Counsel in withdrawing from the
case. Counsel cannot enter into any compromise without the consent of his
client-Garrison v. Rodrigues 1-and of the trial Judge- Woutersz v.
Carpen Chetty 2. The trial Judge was wrong in dismissing the action.
He should have given the plaintiff an opportunity of going on with the case. He
should have, at least, considered the evidence which had been already led. Proof
of the registration of the lis pendent was not necessary as agains
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