1945 Present: Keuneman S.P.J. and Rose J.

NAVARATNAM, Appellant, and NAVARATNAM, Respondent.

 356-D. C. Jaffna, 72.

Divorce-Appeal-Requirement of nonce of tendering security-Immunity of wife, when appellant-Sufficiency of notice to dispense with security- Husband's suit for declaration that marriage was void-Husband domiciled in Ceylon-Wife of Indian domicil and continuously resident in India- Jurisdiction of Ceylon Court-Prescription-Plaintiff's delay in filing action-Right of Court not to pronounce judgment in favour of plaintiffs Civil Procedure Code, ss. 597, 602, 604, 607, 756-Prescription Ordinance, s. 15.

Where, in a matrimonial action, petition of appeal was filed and on the same day the defendant-appellant by written notice moved that security for costs be dispensed with as she was the wife of the plaintiff-respondent ,-

Held, that the appellant had not contravened the provisions of section 756 of the Civil Procedure Code relating to notice of tender of security. The requirement in section 756 of the Civil Procedure Code that the appellant must give notice of tender of security does not preclude him or her from giving not