1956 Present: H. N. G. Fernando, S., and T. S. Fernando, J

A. P. FERNANDO, Appellant, and C. T. ANTHONY,
Respondent

 S. C. 74- D. C. Gampaha, 4,165/L

Appeal-Abatement--Application for typewritten copies-Failure to furnish the necessary fees along with it-Fatal irregularity-Civil Appellate Rules, 193 8, Rules 2 (1) and 4-Payment into Court Order, 1939, Clause 1 (5).

The provision of Rule 2 (1) of the Civil Appellate Rules, 193$, that an application for typewritten copies "shall be accompanied by the fees prescribed in the schedule hereto " is an imperative, and not merely a directory, provision of law. Failure to comply with it is fatal to the reception of the appeal.

Under Clause 1 (5) of the Payment into Court Order, 1939, the date of the receipt given by an authorised Treasury officer is deemed to be the date of a payment into Court of any money required by any written law to be paid in connection with any action or proceeding.

APPEAL from a judgment of the District Court, Gampaha.

A. H. C. de Silva, Q. C., with N. U. Weerasekera, for the defendant-appellant.

Walter Jayawardene, with M. Samuqanathan, for the plaintiff. respondent.

Cur