answered issues 8 to 11 raised on behalf of the defendant in his favour andhas proceeded to record as follows : (As appearing at page 379 of thebrief).
Felix Premawardane vs
Basnayake and Others
For the above reasons I conclude that the impugned judgment is not inconformity with the provisions of the above section and failure of the trialJudge to examine the evidence and to answer the issues of the plaintiffhas definitely prejudiced the substantial rights of the parties.
In those circumstances this Court is left with no alternative but to ordera retrial. Accordingly, the appeal is allowed and the impugned judgment ofthe learned District Judge is hereby set aside. A trial.de novo is herebyordered and the learned District Judge is directed to conclude the trial asexpeditiously as possible. Each party must bear thei.r own costs so farincurred, both here and in the Court below.
The Registrar of this Court is directed to forward the record in Case No.289/SPL. to the respective Court forthwith.
RANJITH SILVA J. – / agree.
Appeal allowed.
Trial de Novo ordered.