KANDASWAMY v. KANDAVANAM
1956 Present:
Weerasooriya, J., and Sansoni, J.
KANDASWAMY et al., Petitioners, and KANDAVANAM et al.,
Respondents
S. C. 586-Application for Conditional Leave, to appeal to the Privy
Council in S.C. 293, D.C. Point Pedro 3,955.
Privy Council-Application for
conditional leave to appeal-Notice to opposite party-o Power of Proctor to give
such notice without client's authority-The Appeals (Privy Council) Ordinance
(Cap. 85), Schedule, Rule 2,
Where a Proctor, whose proxy did not empower him to act for his client for the
purpose of takings steps to appeal to the Privy Council, purported, without any
other authority from his client, to give notice to the opposite party in terms
of Rule 2 of the Schedule to the Appeals (Privy Council) Ordinance-
Held, that the notice was invalid. Nor could such notice be made valid by
any subsequent grant of authority after the expiry of the period of fourteen
days prescribed under the Rule.
APPLICATION
for conditional leave to appeal to the
Privy Council.
S. J. V. Chelvanayakam, Q.C., with A. Nagendra, for the plaintiffs-petitioners.
C. Thiagalingam, Q.C., with V. Arulambalam and C. Chellappah, for the
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