Noordeen Lebbe v. Mohamadu Ameer and Others – sllr 1990 volume 2 page 168

In the case between Noordeen Lebbe (Plaintiff) and Mohamadu Ameer and others (Defendants), the court addressed whether the security for costs in an appeal had been properly deposited and hypothecated by bond as mandated by Section 757 of the Civil Procedure Code. It was held that failure to hypothecate the security by bond constitutes a fatal defect that cannot be remedied under Section 759(2), in accordance with established case law. Referencing Dona Sisiliyana v. Kamala Piyaseeli, the court reaffirmed the principle that non-compliance with the statutory requirements invalidates the appeal, resulting in its dismissal and the awarding of costs to the respondent.

Palakidnar J. — The preliminary objection regarding the failure to hypothecate the bond as security for costs under Section 757