Lord Goddard.-

This is an appeal from a decree of the Supreme Court of the Island of Ceylon dismissing an appeal by the appellants from a decree of the District Court of Kurunegala on a preliminary objection The objection which the Supreme Court upheld was that there was only one petition of appeal before the Court whereas it was said that there were in truth two appeals and as the petition bore a stamp sufficient to cover only one it was not properly stamped and the Court was bound not to proceed upon it but to dismiss the appeal. In support of their judgment, the Supreme Court cited two cases, (1935) 37 NLR 154, James v. Karunaratna. and (1939) 14 Ceylon LW (1939) 14 Ceylon LW 70, Supper v. Muttiah. with both of which their Lordships will deal in this judgment.

The action out of which this appeal arose was one of ejectment and was originally brought by the present respondent against the present appellants 1 to 11. They were all represented by the same proctor, who duly filed a proxy showing that he was acting for them. During the course of the proceedings, in consequence of the answer filed by them it appeared that appellant 12 was interested in the property in question and was, th