1962 Present : Tambiah, J.

A. P. DINGIHAMY, Appellant, and N. M. DON BASTIAN and another, Respondents

S. C. 7/1962-C. R. Tangalle, 18844

    Court of Requests-Failure of Court to fix date to file answer-Invalidity of proceedings thereafter-Refusal of Court to set aside decree nisi-Defendant's right to appeal- Exparte order-Remedy of party affected-"Final order"-Courts Ordinance (Cap. 6), s. 36-Civil Procedure Code (Cap. 107), ss. 809 (S), 823 (2), 823 (6).

Where, in an action in the Court of Requests, the Commissioner fails to fix a date to file answer, proceedings against the defendant thereafter in his absence are illegal and null and void. In such a case, an order refusing to set aside the decree nisi and making the decree absolute is appealable.

A party affected by an exparte order of which he had no notice must apply in the first instance to the Court, which made the order, to rescind the order.

APPEAL from an order of the Court of Requests, Tangalle. N. R. M. Daluwatte, for defendant-appellant.

Miss Suriya Wickremasinghe, for plaintiffs-respondents.

Cur. adv. vult.

November 22, 1962.   TAMBIAH, J.-

The plaintiffs brought t