013-NLR-NLR-V-07-TAMBY-SAIBU-v.-JAYASEKERA.pdf
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TAMBY SAIBU v. JAYASEKERA.
D.C., Oalle, 6,496.
Counsel—Duty of counsel and proctor to point out palpable error to Judgemaking it.
The object of counsel and proctors appearing in Courts of Justice is torender assistance to Judges. It is their duty, when they see a Judgemaking a palpable error, to point it out to him.
I
N this case the Supreme Court set aside the judgment of theDistrict Court, and made the following observations on the
duties of counsel: —
31st July, 1903. Layard, C.J.—
It is to be regretted that the counsel who appeared in the Courtbelow did not point out to the District Judge (Mr. J. D. Mason)the absurdity of a judgment in reconvention decreeing that thedefendant should recover from the plaintiff the amount of ajudgment which the-plaintiff«'had recovered from the first defend-ant'in a Court pf‘ competent jurisdiction.
*" The object of counsel and proctors appearing in the Courts is torender assistance t8 Judges, and I think it is their duty whentney see a Judge making so palpable an error as this to pointout ' o the Judge that he has no power tp act in the manner theDistrict Judge of Galle.did in this case.
1903.July 31.