109. Sections 754 to 756 (both inclusive) of the principal enactment are hereby repealed and the following new sections substituted therefor : -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 Supreme Court against such judgment for any error in fact or in law. | | |
| | (2) Any person who shall be dissatisfied with any order made by any original court in the course of any civil action, proceeding, or matter to which he Is or seeks to be a party, may prefer an appeal to the Supreme Court against such order for the correction of any error in fact or in law, with the leave of the Supreme Court first had and obtained. | | |
| | (3) Every appeal to the Supreme Court from any judgment or decree of any original court, shall be lodged by giving notice of appeal to the original court within such time and In the form and manner hereinafter provided. | | |
| | (4) The notice of appeal shall be presented to the court of first instance for this purpose by the party appellant or his registered attorney within a period of fourteen days from the date when the decree or order appealed against was pronounced, exclusive of the day of that date itself and of the day when the petition is presented and of Sundays and public holidays, and the court to which the notice is so presented shall receive it and deal with it as hereinafter provided. If such conditions are not fulfilled, the court shall refuse to receive it. | | |
| | (5) Notwithstanding anything to the contrary in this Ordinance, for the purposes of this Chapter- | | |
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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:-
| | | (a) the name of the court from which the appeal is preferred; |
| (b) the number of the action; |
| (c) the names and addresses of the parties to the action; |
| (d) the names of the appellant and respondent; |
| (e) the nature of the relief claimed: |
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| | (2) The notice of appeal shall be accompanied by-
| | | (a) except as provided herein, security for the respondent's costs of appeal in such amount and nature as is prescribed in the rules made under section 15 of the Administration of Justice Law, No. 44 of 1973, or acknowledgment or waiver of security signed by the respondent or his registered attorney; and |
| (b) proof of service, on the respondent or on his registered attorney, of a copy of the notice of appeal, in the form of a written acknowledgment of the receipt of such notice or the registered postal receipt in proof of such service. |
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| | (3) Every appellant shall within sixty days from the date of the judgment or decree appealed against present to the original court a petition of appeal setting out the circumstances out of which the appeal arises and the grounds of objection to the judgment or decree appealed against, and containing the particulars required by section 758, which shall be signed by the appellant or his registered attorney. Such petition of appeal shall be exempt from stamp duty. | | |
| | (4) Upon the petition of appeal being filed, the court shall forward the petition of appeal together with ail the papers and proceedings in the case relevant to the judgment or decree appealed against as speedily as possible, to the Supreme Court, retaining however an office copy of the judgment or decree appealed against for the purposes of execution, if necessary. Such proceedings shall be accompanied by a certificate from the Registrar of the court stating the dates of the institution and decision of the case, in whose favour it was decided and the dates on which the notice and the petition of appeal were filed. | | |
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| 756.
| | (1) On receipt of the petition of appeal, the Registrar of the Supreme Court shall forthwith number the petition and shall enter such number in the Register of Appeals and notify the parties concerned by registered post. | | |
| | (2) 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 Supreme Court and signed by the party aggrieved or his registered attorney and shall be supported by affidavit and shall contain the particulars required by section 758. The appellant shall with such petition tender as many copies as may be required for service on the respondents. | | |
| | (3) Upon an application for leave to appeal being filed, the Registrar of the Supreme Court shall number such application and shall, as speedily as possible, submit such application to a Judge in Chambers. | | |
| | (4) The application for leave to appeal shall be presented to the Supreme Court for this purpose 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 Supreme Court shall receive it and deal with it as hereinafter provided and if such conditions are not fulfilled, the Supreme Court shall reject it. | | |
| | (5) A Judge to whom an application for leave to appeal has been submitted may-
| | | (a) forthwith fix a date for the hearing of the application and order notice thereof to be issued on the respondent or respondents, or |
| (b) require the application to be supported in open court by the petitioner or attorney-at-law on his behalf on a day to be fixed by such Judge: and the court having heard the petitioner or his attorney-at-law may reject such application or fix a day for the hearing of the application and order notice thereof to be issued on the respondent or respondents: |
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| | (6) Where notice is ordered to issue, the Registrar of the Supreme Court shall accordingly issue notice on each respondent or his registered attorney by registered post and shall also annex to it a copy of the petition of appeal furnished by the appellant. On the date specified in the notice, or on such other date as the court shall then fix, the court shall hear the application for leave to appeal and grant or refuse leave to appeal. | | |
| | (7) Upon leave to appeal being granted, the Registrar of the Supreme Court shall immediately inform the original court, and, unless the Supreme Court has otherwise directed, all proceedings in the original court shall be stayed and the said court shall as speedily as possible forward to the Supreme Court all the papers and proceedings in the case relevant to the matter in issue.'. | | |
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Sri Lanka Consolidated Acts