RATWATTA v. APPUHAMI et al.

RATWATTA v. APPUHAMI et al.

C. R., Kandy, 6,766.

 

Rules of procedure-Delivery of answer by post-Civil Procedure Code, s. 809.

Where a defendant took time to file answer and transmitted his answer to the Commissioner by post, held, that the answer should not have been sent to the Commissioner, but to the Chief Clerk, and that there was no irregularity in sending it by post.

Section 809 of the Civil Procedure Code requires a defendant to deliver to the Chief Clerk an answer in writing duly stamped, and delivery through the post is sufficient.

THIS was an appeal by the defendants against an order of the Commissioner rejecting their answer, which was sent by post, and refusing to set aside a judgment entered by default. The judgment of the Supreme Court fully sets out the facts.

Bawa, for appellants. Maartensz, for respondent.

2nd December, 1898. Lawrie, J.-

On the day fixed for the appearance of the defendants the first defendant appeared and stated that he and his sister did not admit the claim, but had a defence.

The Commissioner fixed the 15th July as the day for filing answer.

On the 15th the Commissioner received by pos

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