1960 Present : K. D. de Silva, J., and T. S. Fernando, J.

A. S. ABDUL CADER, Petitioner, and I. L. M. SHERIFF,
Respondent

S. C. 543-Application for Conditional leave to appeal to the Privy
Council in S. C. 539 of 1957/D. C. Gampaha 797/4947

Privy Council-Application for conditional leave to appeal-Notice to opposite party- Meaning of " opposite party "-Invalidity of notice given by a Proctor without due authority-Proof of notice sent by ordinary post-Appeals (Privy Council) Ordinance (Cap. 85), Schedule, Rule 2.

By Rule 2 of the Rules in the Schedule to the Appeals (Privy Council) Ordinance :-

" 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 where the petitioner is a defendant in a partition action, any co-defendant who will be prejudicially affected by the success of the proposed appeal is an " opposite party " within the meaning of Rule 2 and must therefore be given notice of the intended