Velanthan Chetty V. Sathuka Lebbe

1915. Present  : Wood Renton C.J. and De Sampayo A.J.

VELANTHAN CHETTY v. SATHUKA LEBBE.

20-D. C. Colombo, 40,106.

Action by way of summary procedure on note for Rs. 10,000-Endorsement on summons wrongly stated to be Rs. 1,000-Is irregularity fatal to plaintiff's right to proceed by way of summary procedure ?

In an action by way of summary procedure on a note for Rs. 10,000, in the copy of the note endorsed on the summons the amount appeared both in words and figures as Rs. 1,000.

Held, that the mistake was not fatal to plaintiff's right to proceed on the note by way of summary procedure.

THE facts are set out in the judgment.

F. M. de Saram, for appellant.-The summons in this case was not in accordance with the strict requirements of section 703 of the Civil Procedure Code. That section enacts that the summons shall be in the form No. 19 contained in the second schedule to the Code. The form requires that the instrument sued on. should be copied out, and where it is a negotiable instrument and carries endorsements, that the endorsements should also be copied out. In the present case the action is on a negotiable instrum

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