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HEMS APPU v. PRANABU.
19&—C. X. Colombo, 7S,096.
Notice as to tender of security—Forthwith.
R. L. Pereira, for the appellant.
H. V. Perera, for the respondeat.
September 30, 1021. Ebtnis J.—
In this case the plaintiff claimed Ks. 40 interest on a mortgage bond andBe. 160 damages for dispossession. The learned Judge has showed Be. 40on the bond, and has given Be. 20 by way of damages. The defendant appeals.A preliminary objection has been taken that the notice of tender of securitywas not given forthwith as required by section 756 of the Civil ProcedureCode. It appears that judgment was delivered on June 13, 1921, and anapplication for leave to appeal, which was granted, was made on June 18,1921.The requisite notice was not given until June 23. It is to be observed thatbetween the 18th and the 23rd, a Saturday and a Sunday intervened. It isalso to be observed that the petition of appeal deed not have been filed untileeven dayB after the judgment. No objection on the ground was taken inresponse to the notice, and it seems to me that this Court is not in a positionto say whether there was an unreasonable delay or not. In the circum-stances I overrule the objection.
PIERIS APPU v. PRANADU