082-NLR-NLR-V-61-PEIRIS-Appellant-and-DE-SILVA-Respondent.pdf
Petris v. De Silva
325
1959 Present : Weerasooriya, J., and H. N. G. Fernando, J.PEUJIS, Appellant, and DE SILVA, Respondent
IIS' TjJ.ii; MATTES OP AH APPLICATION UNDER RuLE 2 OP THE SCHEDULEto Appeals (Pbiw Goins'oil) Obdetanoe (Chapter 86) poe ConditionalLeave to Appeal to Her Majesty the Queen tst Prxw Council
8. C. 245—D. C. Colombo (Inty.) 15,908
Privy Council—Appeal from judgment of Supremo Court—Record to be printed inEngland—Pees to be paid to Registrar of Supreme Court—Charges forpreparation of index of certified copy of record—Exemption from liability.—Appeals (Privy Council) Ordinance {Cap. 85), Schedule, Rules 15,16—<-AppellateProcedure {Privy Council) Order, 1921, Schedule 1.
A person seeking to appeal to the Privy Council in an action the record ofwhich is to be printed in England need not pay any sum of money as chargesfor preparing an index of the papers and exhibits comprising the certified copyof the record. Jseither the Schedule to the Appeals (Privy Council) Ordinancenor any provision in Schedule 1 of the Appellate Procedure (Privy Council)Order, 1921, authorises such a charge.
326
WBBEtASOOBIYA, J.—Pei-ria v. De Silva
-/~pPT,TnATT01Sr for conditional leave to appeal to the Privy Council.
8. M. H. de Silva, for –
No appearance for petitioner-respondent.
Cur. adv. vult.
August 26, 1959. Weeuasoouiva, J.—
The question referred to us for a ruling is 'whether the petitioner,who has obtained conditional leave to appeal to Her Majesty in Council,is liable to pay a sum of Rs. 544 which she has been called upon by theRegistrar of this Court to deposit as charges for preparing an index ofthe papers and exhibits comprising the certified copy of the record ofthe action which, in order to enable it to be printed in England, hasto be transmitted to the Registrar of the Privy Council.,
Under section 4 (2) (6) and (c) of the Appeals (Privy Council) Ordinance(Cap. 85) rules may be made, inter alia, requiring an appellant to depositthe cost of translating, transcribing, indexing and transmitting to HerMajesty in Council a correct copy of the record and prescribing thefees to be paid to the Registrar of this Court for examining andcertifying the same. The amounts and fees payable in respect of allthese matters, with the exception of indexing, are already specificallyprovided for in Schedule 1 to the Appellate Procedure (Privy Council)Order, 1921, made under section 4 of the Appeals (Privy Council)Ordinance. As regards indexing, according to the practice which hasobtained for some time the same charge (of 20 cents per folio) is leviedas is provided in that Schedule for transcribing the record and examiningthe transcript, although the work involved in indexing would appearto be much less than that involved in transcribing. The Registrar relieson Rule 16 of the rules in the Schedule to the Privy Council (Appeals)Ordinance as enabling the levying of a charge for indexing. But allthat Rule 16 provides is that where the record is to he printed in Englandthe appellant shall bear the expense of transmitting the certified copyof the record together with the index, just as it is provided in the precedingRule 15 that when the record is printed in Ceylon forty copies of it shallbe transmitted to the Registrar of the Privy Council at the expenseof the appellant.
In my opinion Rule 16 has no application, and in the absence of anyother rule in the Schedule to the Privy Council (Appeals) Ordinanceor any provision in Schedule 1 to the Appellate Procedure (Privy Council)Order, 1921, which authorises the charge of Rs. 544 or any charge atall, for indexing, I would hold that the petitioner is not liable to paythis sum.
H. N. G. Eeenastijo, J.—I agree.
Appellant's objection upheld.