Arvnasalam Pittai v. Commissioner for the
Registration of Indian and Pakistani Residents
1058Present: H. N. G. Fernando, J.ARUNASALAM PILLAI, Appellant, andCOMMISSIONER FOR THE REGISTRATION OF INDIAN ANDPAKISTANI RESIDENTS, RespondentS. C. 645—Citizenship Case C. 4363
Indian and Pakistani Residents (Citizenship) Act, No. 3 of 1949 (as amended byAct No. 45 of 1952)—Section 8n—Refusal of application for registration ascitizens—Death of appellant pending appeal to Supreme Court—Widow cannotprosecute the appeal thereafter.
Where a person, whose application for the registration of himself and hisfamily as citizens has been refused, dies pending his appeal to the SupremeCourt, there is no provision in the Indian and Pakistani Residents (Citizenship)Act to permit the appellant’s widow to prosecute the appeal with a view tosecuring the registration of herself and her children.
j^^PPEAL under the Indian and Pakistani Residents (Citizenship) Act.Sir Uhvatle Jayctsundera, Q.G., with C. Shanmuganayagam, for theapplicant-appellant.
B. S. Wanasundera, Crown Counsel, for the respondent.Cur. adv. mil.
i-’erero v. ALwis
November 24, 1958. H. N. G. Fernando, J.—
In this case Counsel for the appellant states that the appellant, whohad applied for the registration as citizens of himself and his family,has died while his appeal to this Court was pending. I was invited topermit the appellant’s widow to prosecute the appeal with a view tosecuring the registration of herself and her children.
Section 8a of the Act No. 3 of 1959 (as amended by Act No. 45 of1952) provides for the case where an applicant dies before an order ismade by the Commissioner upon his application) and permits the pro-ceedings to be continued in such a case. The Legislature did not,however, think fit to enact similar provision for the ease of the deathof an applicant pending an appeal to this Court against an order of theCommissioner refusing the application. To allow such an appeal to beprosecuted notwithstanding the death would be tantamount to legislatingfor a casus omissus. The Court has in my opinion no such jurisdiction.The appeal is rejected.
D. ARUNASALAM PILLAI, Appellant, and COMMISIIONR FOR THE REGISTRATION OF INDIA