Wanigaseker Et Al., V. Louisz Et Al.,

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

WANIGASEKERE et al v. LOUISZ et al

369 and 110-D. C. Matara, 11,892.

Public holiday-Dies non-Service of notice of security-Public Holidays Ordinance (Cap. 135) s. 4-Civil Procedure Code, s. 365-Appointment of next friend-Irregularity is no ground for dismissal of action.

Service of notice of security on the respondent to en appeal may be made on a public holiday.

Where an application for the appointment of a next friend to a minor plaintiff was made ex-parte and was not accompanied by a copy of the plaint and where the defendants made no objection to the acceptance, of the plaint on the ground of any irregularity in the appointment of the next friend,-

Held, that the irregularity was no ground for the dismissal of the action.

Held, further, that application by the minor in the course of the action to proceed with it in his own name under section 487 of the Civil Procedure Code must be taken to have cured the irregularity in the appointment of the next friend.

APPEAL from, a judgment of the District Judge of Matara.

L. A. Rajapakse, for the respondents, took preliminary objectio

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