Gopal Sri Ram JCA:

This appeal concerns a short but important point of procedure upon which there is a marked divergence of opinion between High Courts. It has to do with the proper construction that is to be placed on O. 49 r. 6(2) of the Subordinate Courts Rules 1980 ('the Rules'). Some Judges have expressed the view that a party who is dissatisfied with the decision of a subordinate Court should file his notice of appeal in the Registry of that Court. Others have taken the position that the notice should be filed in the Registry of the High Court. This difference in opinion between Judges of the High Court has resulted in uncertainty in the procedure that is to be adopted.

The present appeal is one such case. The High Court in the instant appeal held the appeal to be out of order because the appellant, against whom summary judgment pursuant to O. 26A of the Rules had been entered, had filed his notice in the Sessions Court. The appellant has appealed against this ruling of the Judge. At the hearing, Counsel said that this is the first time this Court has been called upon to resolve the controversy. Rule 6(2) of O. 49

which is at the root of the problem reads as follows