50. Sections 754 to 760A of the principal enactment are hereby repealed, and that following sections substituted therefor:
| 754, (1) Any person who shall be dissatisfied with any judgment, pronounced by any original court in any civil action, proceeding or matter to which he is a party may prefer an appeal to the Court of Appeal against such judgment for any error in fact or in law. |
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| 755. (1) Every notice of appeal shall be distinctly written, on good and suitable paper and shall be signed by the appellant or his registered attorney and shall be duly stamped. Such notice shall also contain the following particulars: |
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| 756. (1) The security to be required from a party appellant shall be by bond (Form No. 129, First Schedule) with one or more good and sufficient surety or sureties, or shall be by way of mortgage of immovable property or deposit and hypothecation by bond of a sum of money, sufficient to cover the cast of the appeal find to no greater amount. |
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| 757. (1) Every application for leave to appeal against an order of court made in the course of any civil action, proceeding or matter shall be made by petition duly stamped, addressed to the Court of Appeal and signed by the party aggrieved or his registered attorney. Such petition shall be supported by affidavit, and shall contain the particulars required by section 753, and shall be presented to the Court of Appeal by the party appellant or his registered attorney within a period of fourteen days from the date when the order appealed against was pronounced, exclusive of the day of that date itself, and of the day when the application is presented and of Sundays and public holidays, and the Court of Appeal shall receive it and deal with it as hereinafter provided and of such conditions are not fulfilled the Court of Appeal shall reject it. The appellant shall along with such petition, tender as many copies as may be required for service on the respondents. |
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| 758. (i) The petition of appeal shall be distinctly written upon good and suitable paper, and shall contain the following particulars;
| | (a) the name of the court in which the case is pending; | | |
| | (b) the names of the parties to the action; | | |
| | (c) the names of the appellant and of the respondent; | | |
| | (d) the address of the Court of Appeal; | | |
| | (e) a plain and concise statement of the grounds of objection to the judgment, decree or order appealed against such statement to be set forth in duly numbered paragraphs; | | |
| | (f) a demand of the form of relief claimed. In deciding | | |
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| (2) The court in deciding any appeal not confined shall not be confined to the grounds set to grounds forth by the appellant, but it shall get forth not rest its decision on any ground not set applicant, forth by the appellant, unless the respondent has had sufficient opportunity of being heard on that ground. |
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| 759. (1) II the petition of appeal is not drawn up in the manner set out in the preceding section it may be rejected, or be returned to the appellant for the purpose of being amended, within a time to be fixed by the court; or be amended then and there. When the court rejects any petition of appeal under this section, it shall record the reasons for such rejection. And when any petition of appeal is amended under this section, the judge, or such officer as he shall appoint in that behalf, shall attest the amendment by his signature. |
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| 760. When there are more plain tiffs or more defendants than one in an action, and the decree appealed against proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal against the whole decree, and thereupon the Court of Appeal may reverse or modify the decree in favour of all the plaintiffs or defendants, as the case may be. |
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| 760A.Where at any time after the lodging of an appeal in any civil action ,proceeding or matter ,the record becomes defective by reason of the death or change of status of a party to the appeal, the supreme court may in the maner provided in the rules made by the supreme court under artical 136 of the Constitution determine.Who, in the opinion of the court is the proper person to be substituted or entered on the record in place of , on in addition to the party who had died or undergone a change of status , and the name of such person shall thereupon be deemed to be subtituted or entered on record as aforesaid.". |
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Sri Lanka Consolidated Acts