De Fonseka V. Chartered Bank Of India, Australia And China

1938 Present: Maartensz and Moseley JJ.

DE FONSEKA v. CHARTERED BANK OF INDIA,

AUSTRALIA AND CHINA.

357-D. C. Colombo, 6,388.

Privy Council-Application for conditional leave-Notice to Bank by post-Notice to Manager as attorney should be by special application-Appeals (Privy Council) Ordinance, 1909, rule 5A.

Where, in an application for conditional leave to appeal to the Privy Council, it is sought to serve notice by post on a Bank, the notice must be posted to the registered office.

Where it is intended to serve notice on the Manager of the Bank as attorney the applicant should obtain an order under rule 5A of the Rules made under the Appellate Procedure (Privy Council) Order, 1921.

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

J. E. M. Obeyesekere (with him C. Seneviratne), for petitioner.

N. K. Choksy, for first defendant, respondent.

Cur. adv. vult.

July 27, 1938. MAARTENSZ J. -

The application of the plaintiff-appellant for conditional leave to appeal to His Majesty the King in Council from the judgment of this Court dated June 16, 1938, is opposed by

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