039-NLR-NLR-V-46-MEDHANANDA-THERUNANSE-Appellant-and-DHAMMANANDA-THERO-et-al.-Respondents.pdf
Medhananda Therunanse and Dhammananda Them
JIT
1944Present: Howard C.J. and de Kretser J.
MEDHANANDA THEBUNANSE, Appellant, and DHAMMANANDATHEBO et al. Bespondents.
In revision D. C. Kalutara, No. 22,026.
Petition of appeal—Absence of signature of Proctor or Advocate—Stamps can-celled by Proctor—Order abating appeal—Civil Procedure Code, s. 756.
Where a petition of appeal did not bear the signature of a Proctor orAdvocate but the stamps on the petition were cancelled by the signatureof the Proctor,
Held, that there was a sufficient compliance with the requirements ofsection 755 of the Civil Procedure Code.
T
HIS was an application to revise the order of the District Judgeentering an order of abatement in respect of the petition of appeal.
V. Perera, K.C. (with him J. O. T. Weeraratne), for the petitioner-
E. B. Wikremanayahe, for 1st and 2nd respondents.
L. A. Raja-pakse, for 3rd and 4th respondents.
USKEUNEMAK J.—Popalai and Sultan.
March 1, 1044. Howard C.J.—
The plaintiff appeals from an order of the District Judge in which hedeclined to act on a petition of appeal presented by the plaintiff. Itwould appear that this petition of appeal did not bear either the signatureof an advocate or proctor at the end of the petition. On the otherhand the stamps were cancelled by, the signature of the proctor,Mr. Fonseka, and, therefore, it was obvious, that the petition had beenpresented by an authorised person, that, is a proctor. Moreover, thepetition had been accepted by the Secretary of the court. In thesecircumstances, it is difficult to understand why objection was taken bythe respondents to its reception and also why the District Judge listenedto those objections. In our opinion it would defeat the ends of justiceif the District Judge’s order were allowed to stand. In these circum-stances we allow this application and direct that the petition of appealshall be received by the District Judge.
We also give the applicant his costs in order that no encouragementshould be given to frivolous objections of this nature.
De Kbbtser J.—I agree.
Application allowed.