135-NLR-NLR-V-23-OBEYSEKERA-v.-EUWARDIAS-et-al.pdf
1981,
( 462 )
OBEYESEKERA v. EUWARDIAS et al.
104—0, R. GaUe, 11,792.
Notice as to tender of security—Forthwith.
J. S. Jayawardene, for appellant.
Keunemtm, for respondent.
September 1, 1921. Dn Sampayo J.—
Objection ia taken on behalf of the respondent to this appeal being enter-tained at all. The petition of appeal was filed on January 20, 1921, and thenotice as to the tendering of security was not taken out till January 26. 1 thinkthe rule laid down in Fernando v. Nikulan Appu, (1922) 22 N. L. R. 1, isapplicable to the present case, and it must be held that the appellant hadfailed to give notice “forthwith” as required by section 750 of the Civil Proce-dure Code. The security was accepted on January 26, but notice of appealwhich is required by the same section to be given “immediately ” was nottaken out till February 11. For a similar reason the notice given was too late.I am obliged to uphold the objection, whatever my own opinion might be,as 1 am bound by the decision quoted. The appeal is dismissed, with costs.
Section 766 of the Civil Procedure Code was amended by Ordi-nance No, 42 of 1921 by the addition of the following paragraph:—“ In the ease of any mistake, omission, or defect on the part ofany appellant in complying with the provisions of this section, theSupreme Court, if it should be of opinion that the respondent hasnot been materially prejudiced, may grant relief on such terms asit may deem expedient.”