Leno Hamy Et Al V. Nonno Et Al

1913 Present: Pereira J. and Ennis J.

LENO HAMY et al. v. NONNO et al.

80-D. C. Kalutara, 3, 684.

Several defendants who are not conversant with the English language- Copy of plaint or concise statement of its contents with translations ought to be served on defendants.

In a case in which there are several defendants who are not conversant with the English language, the requirements of section 56 of the Civil Procedure Code will not be complied with unless not only a translation of the plaint or of a concise statement of its contents, but a copy of the plaint or a concise statement of its contents as well, is served on each defendant.

As regards serving concise statements of the contents of plaints instead of copies, the discretion of the proctor concerned should not be too narrowly scrutinized, as he has to steer clear of courses that might lead to fatal objections to his proceedings. When the averments in the plaint are such that a concise statement is not likely to give the defendants sufficient notice of all the rights and interests involved in the action, a full copy of the plaint should be served on the defendants.

THE fact

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