The Demodera Tea Co., Ltd., V. Pedric Appu

Present : De Sampayo J.    1921.

THE DEMODERA TEA CO., LTD., v. PEDRIC APPU.

210-C. R. Badulla, 2,935.

Appeal-Security bond-Acceptance of bond by chief clerk without reference to Court.

The acceptance of security tendered by an appellant under section 756 of the Civil Procedure Code is a judicial act and should be evidenced by an order of Court. The act of a chief clerk, who, without any reference to Court, allowed security bond to be entered into, is not a compliance with the provision of section 756 of the Code.

THE facts appear from the judgment.

E. W. Jayawardene, for defendant, appellant.

Alwis, for plaintiff, respondent.

January 20,1921. DE SAMPAYO J.-

This is a very unusual appeal. The defendant-appellant on July 6, 1920, duly lodged a petition of appeal from the judgment of the Commissioner, and on the same day his proctor gave written notice to the plaintiff's proctor that he would on July 9,1920, tender security in appeal. The security proposed was a bond for any

sum not exceeding Rs. 150 to be entered into by the defendant with L. H. D. John Singho as surety. To the notice was annexed a headman's repo

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