( 126 )
WETTACHI t>. ALWIS.C. R., Balapitiya, 3,184.
Court of Requests—Order of Commissioner declining to hear evidence—Right toappeal—Ordinance No. 12 of 1895, s. 13 (1).
When a Commissioner, after hearing two witnesses for the defendant,declines to hear further evidence and enters judgment for plaintiff, theproper remedy of the defendant is not to apply for leave to appeal fromthe judgment, but to appeal on the ground of improper rejection ofevidence.
HIS was an application by the defendant* for leave to appealagainst a judgment of the Court of Bequests of Balapitiya.
The action was upon a bond. The defendant pleaded payment.The burden of proof of this issue lay upon the defendant. Thefirst defendant swore that he had paid the amount due on thebond, and called the plaintiff as a witness to corroborate hisevidence. He was prepared to call other witnesses, but it wasalleged that the Commissioner declined to hear any furtherevidence and decided in favour of the plaintiff.
Jayawardene, for applicant.—Leave to appeal from the Com-missioner’s decision is sought on the ground that the Commissionerwrongly rejected the evidence of the further witnesses tenderedby the defendants—
( 127 )
Boxser, C. J.—
If that be the only ground, you have a right to appeal withoutany leave. The right to appeal on the ground of admission orrejection of evidence is expressly reserved by the Court ofRequests Ordinance (No. 12 of 1895), and therefore no leave toappeal is needed.
WETTACHI v. ALWIS