066-NLR-NLR-V-61-NARANASMY-Appellant-and-PANKAIYATCHELVAM-Respondent.pdf
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Tt A R~NT A~V ATCF1, C.J.—Naranasamy v. Pankaiyatchelvam
1959Present:Basnayake, C.J., and de Silva, J.
NARANASAMY, Appellant, and PA2TKAJYATGHZELVAM, Respondent
S. G. 673—D. G. Point Pedro, 247
Jaffna Matrimonial Mights and Inheritance Ordinance {Cap. 48)—Proceedings undersection 10 thereof—Requirement of stamp duty.
An. appeal preferred under sub section 2 of section 10 of the JaffnaMatrimonial Bights and Inheritance Ordinance is free of stamp duty by virtueof the provisions of sub-seetion 3. Accordingly, stamps for the decree of theSupreme Court need not he furnished.
■^j?PEAL from a judgment of the District Court, Point Pedro.
H. W. Jayewardene, Q.G., "with K. Sivasubramaniam, for Respondent-Appellant.
G. Ranganathan, for Petitioner-Respondent.
Tennakoon, Senior Crown Counsel, with J. W. Svbasvnghe, CrownCounsel, as Amicus Curiae (On notice).
September 2, 1959. Basstayaick, C.J.—
This is an appeal under section 10 (2) of the Jaffna Matrimonial Rightsand Inheritance Ordinance, and has been listed by the Registrar for direc-tions as to whether the appeal should be listed for hearing on the groundthat sufficient stamps for the decree of the Supreme Court have not beendelivered to the Secretary of the District Court. Learned counsel for theappellant draws our attention to section 10 (3) of the Jaffna MatrimonialRights and Inheritance Ordinance which provides that except on themotion filed under sub-section (1) of that section no further stamp dutyshall be required for any other legal proceedings under the section. Inview of that provision it would appear that all legal proceedings undersection 10, subsection (2) of which also makes provision for appeal from anorder under subsection (1) of that section, except the motion, are free ofstamp duty. Counsel for the respondent and Senior Crown Counsel, whoappears as amicus curiae, agree with the submission of counsel for theappellant.
We therefore hold that the decree of the Supreme Court in the instantappeal need not be stamped, and direct that this appeal be listed forhearing in the ordinary course.
DU Silva, j .—-I agree.
.Appeal to be duly listed for hearing.