( 190 )
Present : Porter J.
MUDIYANSE LOKU BANDA et al.
69—C. R., Kandy, 28,330.
Parties agreeing to Commissioner deciding case after inspection of landwithout evidence—Appeal—Appeal from an order as to costs froma Court of Requests.
Where parties agree to the Commissioner deciding a case withouthearing any ..evidence, hut simply on an inspection of the land inquestion, no appeal lies against the finding of the Commissioner.
No appeal lies from an order of the Commissioner as to costs.
SundemmK for appellant.
H. V. Perera, for respondent.
July 17, 1922. Porter J.—
Two preliminary points have been taken by the respondent (1)that- no appeal lies in this case. The parties had agreed to theCommissioner deciding this case without hearing any evidence., butsimply on an inspection of the land in question. In the case of DeHoedt v. Jinasena, decided by Schneider J., reported in vol. 6,Ceylon Weekly Reporter, page 178, it was decided that in such a caseno appeal lay. I agree entirely with that decision. It seems to meto be impossible on a record which contains no evidence that onappeal the Appeal Court can differ from its finding. The secondpoint taken is that this is an appeal entirely on costs, and an appealfrom a Court of Bequests merely on the question of costs would notlie. In the case of the Court of Requests, Chilaw, No. 5,620, reportedin the 7ih vol. of the New Law Reports, page 19, it was there heldthat no appeal lay to the Supreme Court from an order of theCommissioner as to costs. Withers J. says in his judgment: ** Icannot call to my mind, nor can Mr. Seneviratne help me with areference to any case in which an appeal for costs only has beentaken from an order by a Commissioner of the Court of Bequests.
There are two objections, and I think they are rightly raised andmust succeed. The oniy other point remaining, and which I maydeal with, is on the merits. I think the judgment is correct, andthe reasons given by the learned Commissioner are sound.
I would dismiss the appeal, with costs.
MUDIYANSE v. LOKU BANDA et al