University Of Ceylon V. Fernando

957 Present : Basnayake, C.J., Pulle, J., K. D. de Silva, J.,
Sansoni, J., and L. W. de Silva, A.J.

THE UNIVERSITY OF CEYLON, Petitioner, and E. F. W. FERNANDO,
Respondent

S. C. 568-In the matter of an Application for Conditional Leave to
Appeal to the Privy Council in S. C. 559 D. C. Colombo 28,909

Privy Council-Application for conditional leave to appeal -Notice thereof to opposite: party-Personal service not necessary--Appeals (Privy Council) Ordinance (Cap. 85), Schedule, Rule 2-Appellate Procedure (Privy Council) Order, 1921, Rules 5, 5A, 6.

Rule 2 of the Schedule to the Appeals (Privy Council) Ordinance reads as follows :-

" Application to the court for leave to appeal shall be made by petition, within thirty days from the date of the judgment to be appealed from, and the applicant shall, within fourteen days from the date of such judgment, give the opposite party notice of such intended application. "

Held, that the Rule does not require personal service of the notice required to be given thereunder and that Rules 5 and 5A of the Appellate Procedure (Privy Council) Order, 1921, have no application to it. Accordingly

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