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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V10) 1 CLR 128B
1914 December 4
[TYSER, C.J. AND FISHER, J.]
AGATHI APEYTOU
v.
JOSEPH PRINCE.
PRACTICE-JUDGMENT BY DEFAULT-APPLICATION TO SET ASIDE-APPEAL ORDER XIV, RULE 4-ORDER XVII, RULE 1.
The Plaintiff sued the Defendant to recover a sum of money. At the hearing before the District Court the Plaintiff failed to appear, and judgment was given for the Defendant di8missing the action with costs.
The Plaintiff applied to the District Court to set aside the judgment on the ground that he had been prevented from prosecuting his claim owing to surprise or accident within the meaning of Rule 1 of Order XVII of the Rules of Court, 1886. The District Court refused the application with costs. The Plaintiff then appealed to the Supreme Court against the original judgment dismissing the action.
HELD: That there being no appeal against the order of the District Court refusing to set aside the judgment such order was final and debarred the Appellant from succeeding in the appeal against the original judgment.