v.WICKREMASINGHE AND OTHER
SUPREME COURTFERNANDO, J.
SC(HC)LA 32/2000HC CIVIL 36/98/1
D.C. COLOMBO CASE NO. 5033/SPLJANUARY 26, 2001
High Court of the Provinces (Special Provisions) Act No. lOofl996 – S.5(2).S.6 ■ Leave to Appeal from an order – Civil Procedure Code Amendment38 of 1998 – S. 757(2) Cap. 58 – should the Registrar send out the Noticeof Application for leave to appeal to the Respondents.
(0 In an application for leave to appeal under S.5(2), S.6 of Act 10 of1996, it is the Registrar who should send the Notice of applicationfor leave to appeal to the Respondents: an order from Court isunnecessary.
APPLICATION for Leave to Appeal to the Supreme Court from theCommercial High Court.
Sanjeewa Jayawardena for Petitioner.
Cur. adv. vult.
January 26, 2001.
FERNANDO, J.This is an application for leave to appeal under section 5(2)and 6 of the High Court of the Provincs (Special provision) ActNo. 10 of 1996. The petitioner moves for notice on therespondents. Mr. Jayawardena draws our attention to section757(2) of the Civil Procedure Code, as amended by Act. No. 38of 1998; That section make provision for application for leave
Sri Lanka Law Reports
12001) 3 Sri L.R.
to appeal to the Court of Appeal. Section 6 of Act No. 10 of1996 provided that application for leave to appeal to theSupreme Court shall be made as nearly as practicable in themanner provided by chapter 58 of the Civil Procedure Code.According to procedure set out in section 757(2) as applicableto this application. It is the Registrar who should send notice ofapplications for leave to appeal to the respondents and an orderfrom this Court to that effect is unnecessary. The Registrar isdirected to take steps in terms of section 757(2) of the CivilProcedure Code in applications of this nature.
WADUGODAPITIYA, J. -1 agree.
GUNASEKARA, J. – I agree.
Registrar directed to take steps under S. 757(2) C. P. C.,
HAJI OMAR v. WICKREMASINGHE AND OTHER