028-NLR-NLR-V-23-OBEYESEKERA-v.-EDWARDIAS-et-al.pdf
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1921*
Present: JDe Sampayo J.
OBEYESEKERA v. EDWARDIAS ei aL104—C. £. Galle, 11,792.
Civil Procedure Code, s. 760—Appeal—Notice as to tendering ofsecurity—*( Forthwith ”—Notice of appeal after acceptance ofsecurity—“ Immediately”
The petition of appeal was filed on January 20, and the noticeas to tendering of security was not taken out till January 25.Held, that the appellant had failed to give notice “forthwith1’ asrequired by section 756 of the Civil Procedure Code.
Security was accepted on January 26, but notice of appeal wasnot taken out till February 1L
Held, that the notice was given too late, and that the appealwas not in order.
faots appear from the judgment.
J.S. Jayawardene, for appellant.
Keuneman, for respondent.
September 1, 1921. De Sampayo J.—
Objection is taken on behalf of the respondent to this appealbeing entertained at all. The petition of appeal was filed onJanuary 20,1921, and the notice as to the tendering of security wasnot taken out till January 25. 1 think the rule laid down inFernando v. Nikulan Appu1 is applicable to the present case, andit must be held that the appellant had failed to give notice “ forth-with ” as required by section 756 of the Civil Procedure Code. Thesecurity was accepted on January 26, but notice of appeal which isrequired by the same section to be given u immediately ” was nottaken out till February 11. For a similar reason the notice givenwas too late. I am obliged to uphold the objection, whatever myown opinion might be, as I am bound by the decision quoted. Theappeal is dismissed, with costs.
1 (mo) 22 N. L. B. i.