Syadu Varusai V. Weerasekeram

1956 Present: Sansoni, J., and H. N, G. Fernando, J.

SYADU VARUSAI et al., Appellants, and
T. WEERASEKERAM et al., Respondents

S. C. 399-D. C. Colombo, 2,874

Postponement-Refusal by Court-Withdrawal of Counsel from proceedings- Propriety-Civil Procedure Code, s. 82.

When an application for a postponement is refused it is the duty of the Counsel, who made the application, to continue to appear for his client and to conduct the case which has been entrusted to him. The only instance where a, withdrawal by him from the proceedings is permissible, and then too only with the leave of Court, is where he has been retained only for the limited purpose of making the application for postponement and such application is. refused by tke Court.

APPEAL from a judgment of the District Court, Colombo.

S. J. V. Chelvanayakam, Q.C., with C. Chellappah, for the defendants-appellants.

Cyril E. S. Perera, Q.C., with S. W. Jayasuriya, for the plaintiffs-respondents.

Cur. adv. vult.

February 9, 1956. SANSONI, J.-

This is a partition action which was instituted in May, 1943. The first trial took place in February and March, 1947 upon certain points

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