WUEYEWARDENE S.P.J.—Asilin Petris v. WimaJaseiia Perera.
1946Present : Wijeyewardene S.P.J.
ASILIN PE IRIS, Appellant, and WIMALASENA PERERA,
478—M. C. Panadure, 38,485.
Maintenance—Appeal against order refusing maintenance—Death of appellantpending appeal—Abatement of appeal—Maintenance Ordinance(<Cap.- 76), e. 17—Criminal Procedure Code, 8. 351.
An appeal preferred by a woman against an order refusing maintenancein respect of her illegitimate child shall abate on her death during thependency of the appeal.
PPEAT, against an order of the Magistrate of Panadure.
D. AthvXathrnudali, for the applicant, appellant.
S.C. E. Rodrigo, for the defendant, respondent.
Cur. adv. milt.
July 23, 1946. Wueyewabdene S.F.J.—
The appellant instituted these proceedings claiming maintenance forher illegitimate child. The respondent denied paternity and theMagistrate held in his favour. The appellant preferred the presentappeal against the order of the Magistrate, but died during the pendencyof the appeal.
The only point for my decision is the order I should make in thesecircumstances.
Section 17 of the Maintenance Ordinance makes section 351 of theCriminal Procedure Code applicable to appeals under that Ordinance andsection 351 of the Code states that an appeal “ shall finally abate on thedeath of the appellant ”.
I direct, therefore, that an order of abatement be entered in this case.
Order of abatement entered.
ASILIN PEIRIS , Appellant, and WIMALASENA PERERA, Respondent