1960 Present. H. N. G. Fernando, J., and Sinnetamby, J.

A. W. M. SAMEEN, Appellant, and P. V. S. ABEYAWICKREMA
et al., Respondents

S. C. 117-D. C. Colombo, 7069/L

    Appeal-Notice of tender-of Security for costs-Obligation of appellant to file it in Court-Civil Procedure Code, 88.356,756.

When notice of tender of security for costs of appeal is given" forthwith " as required by section 756 of the Civil Procedure Code, it must conform to the procedure set out in section 356 of the Code. It must, therefore, be filed in Court and served on the respondent through the Fiscal. This rule is subject only to two qualifications, viz., (1) the Court may, after the notice is duly filed, permit service in some other manner, and (2) notice of tender of security need not be filed when security is waived by the respondent. 

Judgment was entered in the District Court on February 15, 1957. Petition of appeal was filed by the defendant's Proctor on the following day, which happened to be a Saturday. No notice of tendering security for costs of appeal was filed in Court on that day. Instead, the appellant's Proctor took the notice on the same day to