Ponnudurai V. Wijeyewickrama

1942 Present: Hearne and Jayetileke JJ.

PONNUDURAI v. WIJEYEWICKRAMA .

229-D. C. Colombo, 12,617.

Public servant-Action to recover money-No answer filed-Defendant files affidavit claiming the benefit of Public Servants (Liabilities) Ordinance, Cap. 88 (s. 3.)

The plaintiff sued the defendant for the recovery of a sum of Rs. 800, which he alleged he had entrusted to him in the form of a cheque for clearance. at a Bank.

On the date fixed for filing the answer, the defendant filed no answer but contented himself with filing an affidavit in which he denied that the sum of money was due from him, and, stating that he was a Government servant, claimed the benefit of the Public Servants (Liabilities) Ordinance.

The learned District Judge entered judgment for the plaintiff. Held, that the Judge was bound to inquire into the claim for statutory protection made. by the defendant in terms of section 3 of the Public Servants (Liabilities) Ordinance.

APPEAL from an order of the District Judge of Colombo.

L. A.. Rajapakse, for defendant, appellant:

N. Nadarajah, K.C. (with him T. K. Curtis), for plaintiff, respondent.

Cur. adv. vult.

Click Here to Read the rest of this document