Asiya Umma V. Kachi Mohideen

1959 Present: Sinnetamby, J.

ASIYA UMMA, Appellant, and KACHI MOHIDEEN, Respondent

S. C. 226-C. R. Colombo, 68230

    Appeal-Notice of tendering security-omission to address it to the respondent personally -Absence of appellant's signature-Effect-Civil Procedure Code, 8. 756 (1) (3), Schedule I, Form 126.

Rent Restriction Act, No. 29 of 1948-Section 13 (1) '(d)--" Using the premises for an immoral or illegal purpose ".

(i) Where notice of tendering security in appeal is not drawn up strictly in accordance with Form No. 126 of the First Schedule of the Civil Procedure Code but is substantially in conformity with it, an order of abatement should not be entered. In any event, relief will be granted in such a case under sub-section 3 of section 756.

Notice of tendering security in appeal was addressed to the respondent's Proctor and not to the respondent. It was also not signed by the appellant but was issued by the Chief Clerk on the orders of Court.

Held, that relief should be granted under section 756 (3) of the Civil Procedure Code.

Sivaguronathan v. Doresamy (1951) 52 N. L. R. 207, considered.

(ii) Section 13 (1) (d) of the

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