Corea V. Assistant Government Agent

1920. Present : Bertram C.J. and De Sampayo J.

COREA v. ASSISTANT GOVERNMENT AGENT, PUTTALAM.

56-D. C. Puttalam, 14.

Summons-Duty of proctors to prepare summons and tender same to Court-Civil Procedure Code, ss. 55 and 121- Waste Lands Ordinance, No. 1 of 1897, s. 15.

Both under the Civil Procedure Code and in proceedings under the Waste Lands Ordinance summons to witnesses must be prepared by the proctors and submitted to Court for issue ; the Secretary is entitled to withhold any action for the purpose until forms have been submitted to him.

" The rule is not a rigid one. There obviously must be a certain elasticity, otherwise there must be some hardship to the poor litigants."

THE facts appear from the judgment.

H. J. C. Pereira (with him Croos-Dabrera), for the appellant.

Akbar, Acting S. G. (with him V. M. Fernando, C.C.), for the respondent.

September 7, 1920. BERTRAM C.J.-

This case raises a question of procedure under section 15 of the Waste Lands Ordinance, No. 1 of 1897. The appellant in this case was a claimant under that Ordinance, and, after the case had been fixed for trial, he filed a motion in the Dis

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