078-NLR-NLR-V-65-R.-A.-JOHN-Appellant-and-P.-C.-PERERA-Respondent.pdf
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ABEYSSUjSTDBK®, J.—John v, Per ora
1963
Present: Abeyesuadere, J.
R. A. JOHN, Appellant, and P. 0. PER33RA, Respondent
S. 0. 129161—G. R. Colombo, 77919/R.E.
Appeal—Supreme Court Appeals [Special Provisions) Act, No. 4 of i960, ». 4 (2)—Belief thereunder.
When an appellant- hae failed to pay on additional fee due from him in respectof the copy of the Brief, extended time may be given to him, undersection 4 (1) of the Supreme Court Appoals (Special Provisions) Act, to paythe fee, if no material prejudice will be caused to the respondent to the appeal.
A.PPEAL from a judgment of the Court of Requests, Colombo.
No appearance for Defendant-Appellant.
R. P. GoonetiUeke, for Plaintiff-Respondent.
February 11, 1963. Abeyestjnoeee, J.—
In this case the appellant has failed to pay the additional fee duefrom him in respect of the copy of the Brief. The appeal has beensubmitted to this Court for an order under Section 4 of the SupremeCourt Appeals (Special Provisions) Act, No. 4 of 1960.
In view of sub-section (1) of the said Act, it is necessary to ascertainwhether material prejudice will be caused to the respondent to the appeal,if the appeal is not rejected on the ground of the default of the appellant.Mr. D. R. P. GoonetiUeke, who appears for the respondent, states thathe is unable to say that such material prejudice will be caused to therespondent.
I direct that the appeUant deposit a sum of Re. 2 ■ 50 being the additionalfee due from him for his copy of the Brief within three weeks from today.If this direction is not complied with by the appellant, his appeal will berejected.
Appellant given time to perfect appeal.