1959 Present: Basnayake, C.J., and Pulle, J.

THENUWARA, Appellant, and THENUWARA and others, Respondents

S. C. 126-D. C. Colombo, 16,607/T:

    Appeal-Several respondents-Security for costs of appeal-Notices of tender of security-Point of time at which each of them should be lodged-Failure to observe it-Application for relief-Procedure-Circumstances when relief will be granted-Pender of money as security for costs of appeal-Hypothecation by bond before date of acceptance of security-Regularity-Journal entries-Duty of Judge to be neat and accurate-Civil Procedure Code, Sections 92, 754 (2), 756 (1) and (3), 757, 765 (i).

On 4th September 1957 judgment was entered in the District Court. On Saturday, the 14th September 1957, a petition of appeal and the notices of tender of security were lodged in the office of the District Court and" accepted" by the Judge. There were ten respondents to the appeal, including the petitioner-respondent. The notices of ten4er of security, save the one meant for the petitioner-respondent, were defective because they stated that the appellant would tender security on 19th September 1957 by deposit of Rs. 25