DRIEBERG J.—Dias v. Palaniappa Chettiar.
1932Present : Garvin S.P.J. and Drieberg J.
DIAS v. PALANIAPPA CHETTIAR.
151—D. C. (Inty,) Grille, 626.
Appeal—Insolvency—Failure to apply for typewritten copies—No groundfor dismissal of appeal—Civil • Appellate Rule 3 (2).
Rule 3 (1) of the Civil Appellate Rules, which requires an appellantto apply for typewritten copies has no application to appeals ininsolvency proceedings.
There is now no law regulating appeals in insolvency proceedings.
PPEAL from an order of the District Judge of Galle.
Nadarajah, for appellant.
November 15, 1932. Drieberg J.—
This is an appeal by a creditor from an order granting the insolventa certificate of insolvency. The petition of appeal was filed on July 18,1932. The appeal was listed before us for dismissal on the ground thatthe appellant had failed to apply within time for typewritten copiesof the record for the use of the Judges as required by the Civil AppellateRules of January 16, 1914.
Attorney-General v. Ariyaratne.
Rules 3 (1) requires that the application should be made “ withinthe time limited by law for the completion of the security for costs ofappeal The last day for completing security, if security had to begiven, was July 29 ; the application was made on August 18.
Tt has however been held by a Bench of five Judges that the provisionsof section 756 of the Civil Procedure Code and the connected sectionsdo not apply to appeals in insolvency proceedings, and that an appellanttherefore need not give security for costs of appeal, In re Goonewardene.'Mr.. Nadarajah rightly contended that in these circumstances there isno time fixed by rule 3(1), for the point of time specified, namely, the timefor completion of security, does not occur.
The ground of decision in In re Goonewardene (supra) is that insolvencyproceedings do not come within the description of actions, of regular orsummary procedure, to which alone the provisions of the Civil ProcedureCode regarding appeals apply. This was recognized as far back as1895 in the case of M. L. M. Abdul Azeez' and the case of Hayman Thorn-hill. 3 Certain later decisions made it necessary to have an authoritativedecision and the case, In re Goonewardene, was therefore submitted fordecision by a Full Bench. The effect of that decision, in my opinionis that there is now no law regulating appeals in insolvency proceedings.
This appeal will be listed for argument.
Garvin S.P.J.—I agree.
DIAS v. PALANIAPPA CHETTIAR