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1933 Supreme(SC) 61

Jonathan Edward David – Appellant
Versus
S. P. A. De Silva – Respondent


Advocates Appeared:
H.J.P. Hallett, A.W. Elkin, W.H. Upjohn

Sir Lancelot Sanderson:-

This is an appeal by the plaintiff from a decree of the Supreme Court of Ceylon dated 1st September 1930, which reversed a decree of the District Judge of Colombo dated 20th September 1929, made in favour of the plaintiff. The action was brought by the plaintiff Jonathan Eward David, against the defendant S. P. A. de Silva for damages for breach of a contract dated 10th December 1927 and for the recovery of certain sums advanced by the plaintiff to the defendant. Among other defences the defendant alleged that the plaintiff could not maintain the action because he had not complied with the provisions of Ordinance 6 of 1918, called an ordinance for the Registration of Business Names. All the defences failed in the Trial Court and it was decreed that the defendant should pay to the plaintiff Rs. 10,015 with interest, and the costs of the action, and the defendant's claim in reconvention was dismissed. The defendant appealed to the Supreme Court, which allowed the appeal on the abovementioned ground, and dismissed the plaintiff's action without prejudice to his right to bring the action afresh if the default be cured. The only question arising on the plaintiff'
































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