Annamalay Chetty V. Thronhill

1935 Present: Macdonell CJ. and Koch A.J.

ANNAMALAY CHETTY v. THORNHILL.

 215-D. C. Ratnapura, 4,687.

    Privy Council-Application for conditional leave-Application made by attorney of applicant-Proxy granted to proctor by attorney-Irregularity-Ordinance No. 31 of 1909, Schedule I., rules 2 and 6.

Where an application for conditional leave to appeal to the Privy-Council was made by a duly authorized attorney of the applicant through a proctor to whom the attorney had granted a proxy for the purpose.-

Held, that the application was not regularly made.

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

H. E. Garvin, for defendant in support.

Gratiaen (with him D. W. Fernando), for plaintiff, respondent. March 19, 1935. KOCH A.J.-

This is an application for conditional leave to appeal to the Privy Council from a judgment of this Court delivered on February 6, 1935.

The applicant was the defendant against whom judgment was pronounced and the respondent the successful plaintiff. The application is opposed by the respondent on the grounds that in two respects the requirements of rule 2 of Schedule I.

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