Palaniappa Chettiar Et Al. V. Mercantile Bank

1942 Present: Howard C.J. and Hearne J.

PALANIAPPA CHETTIAR et al. v. MERCANTILE BANK.

113-D. C. (Inty.) Colombo, 49,541.

Appeal-Application for typewritten copies-Failure to comply with Rules Application made to Secretary of District Court-Regularity-Matters not fundamental-Appeal does not abate-Civil Appellate Rules 2 (1) and 4 (1938).

Where an application for typewritten copies made by an appellant failed to comply with rule 2 (1) of the Civil Appellate Rules. 1933, inasmuch as (1) it was addressed to the Secretary of the District Court and not to the District Judge, (2) it did not state therein whether copies of the whole or portions only and, if so, what portions of the record were necessary for the decision of the appeal, (3) it did not state the value of the subject-matter and nature of the action or proceedings in which the appeal was preferred.

Held, with regard to the first ground, that an application made to th2 Secretary may be deemed an application to the District Judge.

Where the application was made the subject of a Journal entry it must be regarded as having been accepted by the District Judge,

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