Municipal Council Colombo V. Letchiman Chettiar

1943 Present : Soertsz S.P.J. and Hearne J.

MUNICIPAL COUNCIL, COLOMBO, Appellant,
 and LETCHIMAN CHETTIAR, Respondent.

APPLICATION FOR CONDITIONAL LEAVE TO APPEAL TO PRIVY
COUNCIL IN 69 D. C. (INT.) , COLOMBO, 3,092.

Privy Council-Conditional leave to appeal-Notice of application-Computation of period-Exclusion of vacation-Supreme Court-Vacations Ordinance, s. 8.

Where, on an application for leave to appeal to the Privy Council, the applicant gives notice of his intended application to the opposite party without the intervention of the Supreme Court, he is not entitled to have the days of a vacation excluded in the reckoning of the appointed period.

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

H. V. Perera, K.C, (with him N. Kumarasingham), for the respondent.- Notice of the intended application was not given to the respondent within the time-limit of 14 days fixed by rule 2 of the schedule of the Privy Council Appeals Ordinance (Cap. 85). It was in fact served on us 21 days after the date of the judgment of the Supreme Court. The Supreme Court vacation cannot be excluded fo

Click Here to Read the rest of this document