034-NLR-NLR-V-34-EMMANUEL-v.-RATNASINGHAM.pdf
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DRIEBERG J.—Emmanuel v. Ratnasingham.
W32Present; Drieberg and Akbar JJ.
EMMANUEL v. RATNASINGHAM.
190—D. C. (Inty.) Jaffna, 5,870.
Appeal—Petition of appeal signed by appellant—Not drawn by Secretary ofCourt—Irregularity—Civil-Procedure Code, s. 755.
Where a petition of appeal was signed by the appellant but was nottaken down by the Secretary of the Court in terms of section 755 of theCivil Procedure Code.—
Held, that the petition was irregular.
PPEAL from an order of the District Judge of Jaffna.
N. K. Choksy, for plaintiff, appellant.
Navaratnam, for defendant, respondent.
July-14, 1932. Drieberg J.—
This is an appeal by one of two joint administrators. The petition of'appeal is signed by the appellant; it has not been drawn or signed byan advocate or poctor, nor has it been taken down in writing by theSecretary of the District Court as required by section 755 of the CivilProcedure Code. The appellant, when the petition was drawn andpresented, was the Secretary of the District Court of Kurunegala. Thecircumstance that he is himself a Secretary of a District Court is no reasonfor departing from the provisions of the Code in this matter. We havebeen referred to some earlier decisions of this Court where a strict com-pliance with these provisions in the case of an appeal in person was notdemanded, but the trend of recent decisions is otherwise (128, D. C.Colombo No. 30,075, S. C. M. of September 29, 1930)..*
The appeal is dismissed with costs but the right is reserved to theappellant to move in revision if he is so advised.
Akbar J.—I agree.
* 128—D. C. Colombo, 30,075.
Akbar J.—
A. preliminary objection has been taken by counsel for the respondent on theground that the petition of appeal does not comply with the provisions ofsection 755 of the Civil Procedure Code. The trend of the decisions of thisCourt is that the objection is a good one—see'-in particular the case ofAnthonisz v. Derolis'. This case I understand was followed by the SupremeCourt on June 6, 1930, in S. C. No. 53, D. C. Galle, No. 25,738. I understandfrom my brother Jaywardene that he too made a similar order last week. Inthis state of the authorities the appeal must be dismissed with costs, but theright is reserved to the appellant to move in revision if he is so advised.
Jayewardene J.—I agree.
i 6 N. L. R. 161.