Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice.

TILLEKERATNE v. WIJESINGHE.

C. R., Anuradhapura, 5,046.

    Proxy in favour of proctor-Failure to sign-Subsequent signature- Ratification-Validity-Civil Procedure Code, s. 27.

The plaintiff granted a proxy to a proctor, which, by oversight, was not signed by the plaintiff. The proctor acted on the proxy without any objection in the lower Court. When the case was taken up in appeal, the defendant's counsel objected to the status of the proctor in the case.

Held, that the mistake in the proxy could be rectified at this stage by the plaintiff signing it, and that such signature would be a ratification of all the acts done by the proctor in the action.

APPEAL from a judgment of the Commissioner of requests. The facts sufficiently appear in the judgment.

A. St. V. Jayewardene, for the plaintiff, appellant.

Balasingham, for the defendant, respondent.

Cur. adv. vult.

July 2, 1908. HUTCHINSON C.J.- .

This is an appeal by the plaintiff from a decree dismissing the action. When it was called on, the respondent raised the preliminary objection that the petition of appeal was n