Ismail Lebbe vs Mohamado Casim – clr volume 2 page 124

In the cases of Silva and Others v. Fernando (the Galle case) and the Tea-Roller Patent Case (Colombo), the court examined the procedural requirements for providing security for costs when seeking a certificate to review a district court judgment under sections 780, 781, 783, and 788 of the Civil Procedure Code. The central issue concerned whether depositing money with the Registrar constituted valid security absent a formal petition and respondent notice. It was held that, in the Galle case, the applicant’s deposit, unaccompanied by a petition or notice, failed to meet statutory standards, leading to dismissal with costs. Conversely, in the Colombo matter, consent to the deposit by the opposing party satisfied procedural requirements, allowing further consideration. The decision reinforce