( 256 )
Present: Fisher C. J. and Garvin J.
WEERAKQON APPtJHAMY v. WIJESINGHE.
214—D. C. Colombo, 20,711..
Privy OoVfndl—Application for conditional leave to appeal—Fourteendays' notice to respondent—Order in Council.
An applicant for conditional leave to the Privy Council is boundto give notice of such application to the opposite party withinfourteen days of the judgment of the Supreme Court.
PPLICATION for conditional' leave to appeal to the PrivyCouncil from a judgment of the Supreme Court.
H. V. Perera (with Oarvin), for the applicant.
E. W. Perera, for respondent.
February 4,1929. Fisher C.J.—
It is contended that section 5 of the local Order in Council of1921 modifies the express obligation contained in rule 2 of the.Imperial Order in Council of March 22, 1918, which requires anapplicant for conditional leave to appeal from a judgment of thisCourt to give notice of the application to the oppsite party withinfourteen days of the judgment. I cannot see, however, not with-standing the arguments which have been put before us by Mr.Perera, any ground for holding otherwise than that the wording ofthe rule is peremptory and paramount. There are several waysof effecting service, but the obligation is that the service must beeffected within fourteen days. In view of the fact that section '2has not been complied with, the application must be dismissed withcosts.
Garvin J.—I agree.
WEERAKOON APPUHAMY v. WIJESINGHE