1954 Present: Pulle J. and Fernando A. J.

M. GANAPATHY, Appellant, and M. RAMASAMY, Respondent

S. C. 105-D, C. Colombo, 19,035
 

Postponement-Conflict of medical certificates-Proper assessment.

Where a medical certificate which was submitted on behalf of the plaintiff in support of an application for a postponement of the hearing of evidence was in conflict with the report of the medical practitioner who examined him on the next day on a commission issued by Court at the instance of the defendant-

Held, that the medical certificate should not be rejected unless it could be said that the medical practitioner who issued it and the plaintiff had conspired to conceal the true facts.

APPEAL from an order of the District Court, Colombo.

N. E. Weerasooria, Q. C., with H. W. Jayewardene, Q. C., and D. R. P. Goonetilleke, for the plaintiff appellant.

C. Thiagalingam, Q. C., with V. Arulambalam, for the defendant respondent.

Cur. adv. vult.

December 15, 1954. PULLE J.-

The order from which i his appeal is taken arises out of an application made by the plaintiff's counsel on the 18th December, 1952, for a postponement of the hearing fixed for