In The Matter Of An Application Of Fernano, L.S.

[IN REVISION.]

Present: Branch C.J. and Garvin J.

IN THE MATTER OF AN APPLICATION OF LLEWELLYN
SOLOMON FERNANDO, PROCTOR.

D. C. Kalutara, 10,845.

    Proctor-Proxy to a firm, of two partners-Joint and several appointment-Death of one partner-Right of survivor to continue without afresh proxy.

Where a proxy, appointing a firm of two proctors to act jointly and severally, was filed of record and one of the proctors died during the pendency of the action,-

Held, that the proxy constituted sufficient authority to the survivor to continue to represent his client in the action with his consent.

APPLICATION to revise an order made by the District Judge of Kalutara. The applicant was practising in partnership with his father under the name of Fernando & Fernando, Proctors, and proxies had been filed by them in cases pending in the District Court of Kalutara authorizing them to act " jointly and severally " on behalf of their client. On the death of the senior member of the firm, the learned District Judge was of opinion that their authority terminated and directed the applicant to file fresh proxies in Court.

Hayley (with him Cooray and Ranawake), for applicant.-The proxy gives authority to them to act " jointly and severally." The death of one partner, therefore, does not affect the right of the survivor to continue to represent his client.

Where a power of attorney was given to fifteen persons jointly and severally therein named to execute such policies as they or any of them should jointly or severally think proper, it was held that an execution of such power by four of the persons named was sufficient (Guthrie v. Armstrong1[1 (1822) 5 B.& A. 628.]). In Ceylon the Supreme Court has recognized the practise of appointing proctors carrying on business in partnership (Rossiter v. Elphinstone2[ 2 (1881) 4 S. C. C. 53.]). It has gone further, and permitted the appointment of a proctor and his assistants to act as such (Times of Ceylon v. Low3[3 (1913) 16 N. L. R. 434.]). Counsel also cited Story on Agency, p. 42, and Halsbury's Laws of England, Vol. 26, p. 843.

Fonseka, C.C., for the Crown.-The question here is not one of In the Matter practice but of principle. It is a matter that affects the revenue. of an Application of Llewellyn Solomon Fernando. Proctor Every appointment of a proctor has to be stamped. In Garvin v. Abeywardene,1[1 (1923) 24 N. L. R. 382.] where a warrant of attorney to confess judgment was given to a firm of proctors, it was held that the death of one terminated the agency. A client who employs a firm of solicitors has a right to the services of each individual in the firm. A dissolution of a partnership firm of solicitors operates as a discharge of the clients (Rawlinson v. Moss2).

December 21, 1925. BRANCH C .J .-

Under section 24 of the Civil Procedure Code, 1889, any appearance, application, or act in or to any Court required or authorized by law to be made or done by a party to an action may, with the exceptions there referred to, be made or done by a proctor duly appointed by the party. By section 27 such appointment shall be in writing signed by the client, and shall be filed in Court and shall be in force until revoked with the leave of the Court and after notice to the proctor by a writing signed by the client, and filed in Court, or until the client dies, or until the proctor dies, is removed, or suspended, or otherwise becomes incapable to act, or until all proceedings in the action are ended and judgment satisfied as far as regards the client.

A form of appointment of a proctor is given in No. 7 of Schedule II. of the Civil Procedure Code, and that form-so far as is material, reads as follows :-

" Know all men by these presents that I,__ of__ (or we,  __ of__ and__ of__ have nominated, constituted, and appointed, and do hereby nominate, constitute, and appoint__ Proctor of the Honourable the Sup

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