Vander Poorten V. Vander Poorten Et Al.,

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145

1949 Present : Wijeyewardene C.J. and Gunasekera J.

VANDER POORTEN, Applicant, and VANDER POORTEN
et al., Respondents

S, C. 172-APPLICATION FOR CONDITIONAL LEAVE TO APPEAL TO THE PRIVY COUNCIL IN S. C. 496, D. C. KANDY, 1,656/M.E-

Privy Council-Application for leave to appeal-Computation of amount in respect of which appeal. lies as of right-Ground of appeal stated in notice to opposite party-Can it be altered subsequently ?-Notice given by attorney of applicant-Is it valid ?-Appeals (Privy Council) Ordinance (Cap. 85), Schedule, Rules 1 and 2-Appellate Procedure (Privy Council) Order, 1921, Rules 5, 6 and 19.

Plaintiffs, as beneficiaries under a last will, obtained judgment against , the defendant for a sum of Rs. 1,000 as their share of a fund of Rs. 10,000 Defendant, however, sought to appeal to the Privy Council as of right on the ground that in view of the decree entered against him he was exposed to the risk of claims being made against him by the other beneficiaries trying to recover their shares of the Rs. 10,000.

Held, that the matter in dispute on the appeal did not involve a claim of the value of Rs

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