129-NLR-NLR-V-23-WEERASOORIYA-v.-JAMES.pdf
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WEERASOOBIYA v. JAMES.
76—D. O. Qalle, 16,936.
Forthwith—Order by Judge that cash be given as security.
EUiott, K.O. (with his) Foneekc), for defendant, appellant.
M. W. B. de Silva, for plaintiff, respondent.
November 3,1021. Emns J.—
In this case a preliminary objection has been raised that the notice of tenderof security, required by section 750 of the Civil Procedure Code to be given“ forthwith," was not so given, and that the appeal should, therefore, be heldto have abated.
It appears that in the Court below the same objeotion was taken, and the .case of Fernando v. Nikulan Appu, (1922) 22 N. L. B. 1, was cited. On theauthority of that ease, the appeal should have abated then and there, but thelearned Judge appears to have made an order that in place of the security offeredoash should be deposited; Tire appellant deposited cash, and it appears, thatthe respondent had finally to move that the appeal should be forwarded tothis Court.
In my opinion the objection taken is good, end I would accordingly dismissthe appeal, with costs.
Gabvisr A.J.—I agree.
1981.