Hayley And Kenny V. Zainudeen

1923.   Present: Bertram C.J. and Port J.

HAYLEY AND KENNY v. ZAINUDEEN.

 318-D. C. Colombo, 3,121

Appeal to Privy Council-Conditional leave-Notice to respondent within fourteen days of judgment-Supreme Court vacation-Notice given without aid of Court.

Where appellant moved for conditional leave to appeal to the Privy Council, respondent objected that he had not received notice of the application within fourteen days of the judgment. The appellant contended that he was protected by section 8 of the Supreme Court Vacation Ordinance, 1905, inasmuch as this notice was an act of Court.

Held, that as the notice given by appellant was given by a document addressed to respondent without the aid of Court, the notice was not an act of Court.

THIS was an application for conditional leave to the Privy Council.

E. W. Jayawardene, for the defendant, respondent.-The respondent did not receive notice of the application within the specified time-within, fourteen days of the judgment. The applicant cannot now obtain leave to appeal to the Privy Council: *

H. E. Garvin, for the plaintiff, applicant.-Where time not 1923. exceeding one month is

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