Sopaya Peiris V. Wilson De Silva

1957 Present : Basnayake, C.J., and L. W. de Silva, A.J.

SOPAYA PEIRIS and another, Appellants, and
WILSON DE SILVA, Respondent

S. C. 137-D. C. Kalutara, 18,807

Appeal-Application for typewritten copies of record-Requirement that it should be accompanied by the prescribed fees-Impossibility of performance-Abatement of appeal-Procedure for complying with Civil Appellate Rulett 1938, Rules 2 (1) and 4.

Although Rule 2 (1) of the Civil Appellate Rules 1938 requires, when an appeal is preferred, that the application for typewritten copies of the record should be accompanied by the fees prescribed in the Schedule, the administrative machinery of the Courts renders it impossible for the appellant to comply with it. In the circumstances the maxim Lex non cogit ad impossi-bilia would be applicable and the appeal will not be deemed to have abated under Rule 4.

Obiter : In the present state of the financial regulations, the procedure which an appellant should follow in complying with the Civil Appellate Rules should be as follows :-

(a) Where the Court is situated in a place in which there is a Kachcheri or Treasury Office, the pres

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