188.

1922 Present : De Sampayo and Porter JJ.

MENDIS v. JINADASSA et al.

468-D. C. Nuwara Eliya, 569.

Appeal-Security for costs-Money deposited-No bond hypothecating money-Civil Procedure Code, ss. 756 and 757-Ordinance No. 42 of 1921-Power of Supreme Court to grant relief-Cure of defects.

The appellant; deposited a sum of money as security for costs of appeal, but did not execute a bond hypothecating it. In appeal it was contended for the respondent that Ordinance No. 42 of 1921 did not give the Supreme Court, power to grant relief, as the Ordinance had no reference to section 757 which lays down the form in which security should be given.

Held, that the Supreme Court had power to grant relief. The appellant was directed to hypothecate the money before the hearing of the appeal.

THE facts appear from the judgment.

Jayawardene, K.C. (with him Arulanandam and C. W. Perera) for the appellant.

Suntheram (with him R. C. Fonseka), for the respondent.

June 22, 1922. DE SAMPAYO J,-

We have to deal with a preliminary objection, taken on behalf of the respondent, to the appeal being entertained. When the objection was first taken on a