Kandappen vs Elliott – clr volume 2 page 017

The case between an appellant (plaintiff) and the Government Agent of the Eastern Province (defendant) addressed the issue of compliance with procedural requirements in perfecting security for an appeal under the Civil Procedure Code, specifically sections 754 and 756. The court held that failure to perfect security within the prescribed timeframe led to the abatement and rejection of the appeal, reaffirming the principle that procedural compliance is mandatory for the appellate process. This decision relied on the explicit provisions of the Civil Procedure Code and clarified that mere notice or intention to tender security does not fulfil the statutory requirement. The judgment underscores the necessity for appellants to adhere strictly to procedural requirements in the appellate process.