1956 Present : Basnayake, A.C.J., and Pulle, J.

DE SILVA, Appellant, and ILANGAKOON, Respondent

S. C. 147-D. C. Kurunegala, 7,355/M

Action against public officer-Notice of action-Procedure-Malice alleged in plaint-Is notice necessary then ?-Civil Procedure Code, s. 461.

In an action against a public officer in respect of an act purporting to be done by him in his official capacity, the requirements of section 461 of the Civil Procedure Code should be strictly observed and the notice which should be given to the defendant should be in the form prescribed in the Schedule to the Code. A letter of demand written to the defendant by the plaintiff's Proctor does not satisfy the requirements of section 461.

Where malice was alleged against the defendant in an action for defamation instituted against a public officer in respect of a statement purporting to be made by him in his official capacity -

Held, that the allegation of malice in the plaint did not exempt the plaintiff from his duty to give the defendant due notice of the action in conformity with the requirements of section 461 of the Civil Procedure Code.

APPEAL from a judgment of