Sivagurunathan V. Doresamy Et Al.,

1951 Present: Basnayake J. and Pulle J.

SIVAGURUNATHAN, Appellant, and DORESAMY et al.,

 Respondents

S. C. 13-D. C. Colombo 4,707/P.

Appeal-Notice of tendering security-Failure to observe proper form-Fatal irregularity-Abatement of appeal-Objection can be taken in Appeal Court-Civil Procedure Code, Section 756 and Form No: 126 in Schedule 1.

The appellant in a partition action served notice of tendering of security on all the respondents to the appeal. In the case of the 7th respondent, however, the notice which was served on her did not include her among those in respect of whose costs the appellant proposed to give security.

Held, that although the bond executed by the appellant secured the costs of all the respondents to the appeal, including the 7th respondent, the omission to give the prescribed notice was a fatal irregularity. A notice of tendering security should inform the respondent on whom it is served that security for that respondent's costs will be tendered.

A Schedule in a Statute is as much a part of the statute and as much an enactment as any other part. The notice of tendering security required by secti

Click Here to Read the rest of this document