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.

Hayl

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