072-NLR-NLR-V-07-DINGIRI-APPUHAMY-v,-SIYATU.pdf
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1903.July 10.
DINGIRI APPUHAMY v. SIYATU.D. C., KegaUa, 1,426.Appeal petition—Form of—Civil Procedure Code, s. 758—“ Plain and concisestatement of grounds of objection to the decree. ”
Section 758 of the Civil Procedure Code, which directs that a petitionshall contain a plain and concise statement of the grounds of objectionto the decree appealed against, necessarily implies that there shall also bea sufficient statement of the facts of the case and of the judgment.
The petition of appeal should not plunge tn mediae res and state onlythe grounds of objection to the decree.
The proctor who prepares such a pliition will not be allowed his costs,and the petition itself may be altogether rejected.
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A
GAINST the order of dismissal of the plaintiff’s actionplaintiff’s proctqr filed a petition of appeal, which ran as
.follows:—'•,
“ The petition *of appeal of the above-named plaintiff andappellant showeth—
That the appellant was the purchaser of the land and staresof land mentioned in the plaint for a valuable consideration.
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“ (2) The deed was sought to be impugned on "the ground offraud.
“ (3) It was, however, proved at the trial that the vendor toplaintiff was perfectly solvent, and .the appellant’s testimony thathe paid valuable consideration for the deed stands uncontradicted.
“ Wherefore the appellant prays that your lordships may bepleased to set aside the judgment of the Court below, and to decreethe appellant entitled to judgment as prayed for by him in hisplaint, with all costs of suit.”
W. Jayawardene appeared for tke®appeilant.
The Supreme Court set aside the judgment of the Court below,and made the following observations on the form of the ftetitidnof appeal.
10th July, 1903. Wendt, J.—
We would wish to call the special attention of the plaintiff’sproctor to the petition of appeal filed by him. Section 758 of theCivil Procedure Code directs that a “ petition shall contain a plainand concise statement of .the grounds of objection to the decreeappealed against.” That necessarily implies that there shall also bea sufficient statement of the facts of the case and of the judgmentto render the grounds of objection intelligible. The presentpetition plunges in .mediae res, and states the grounds of objectionto the decree without even mentioning what the subject-matter ofthe action was.
We direct that the plaintiff’s proctor shall not be entitled tomake any charge in respect of preparing the petition of appeal.
If a similar petition is again presented to this Court, we may beobliged to exercise the power given by section 759 and reject italtogether.
Layard, C.J.—I agree.
1903.
July 10.