29. (1) Any process served on the registered attorney of any party or left at the office or ordinary residence of such registered attorney relative to an action or appeal, except where the same is for the personal appearance of the party, shall be presumed to be duly communicated and made known to the party whom the registered attorney represents; and, unless the court otherwise directs, shall be as effectual for all purposes in relation to the action or appeal as if the same had been given to, or served on, the party in person.
(2) Service of any process, notice or any other document at the address given under paragraph (b) of subsection (1) of section 27 and sent to the electronic mail address given under paragraph (c) of subsection (1) of section 27 shall be deemed to be sufficient delivery to the party who has appointed the registered attorney, unless the court otherwise directs.
(3) Service of process, notice or any other document at the address given in the memorandum submitted under section 27(2) shall be deemed to be sufficient delivery to the nominee or nominees appointed under section 393.
The Supreme Court (as formerly constituted) made order that a certain sum of money be deposited by the appellant within six weeks. The Registrar of the court issued notice both on the appellant and on his attorney-at-law but only the notice on the attorney-at-law was served. The order to deposit the said sum was not complied with and the appeal was accordingly abated. In making an application to have the appeal reinstated it was submitted on behalf of the appellant that notice should have been served on the appellant
Held, that in terms of section 29 of the Civil Procedure Code, a notice Served on the attorney-at-law for the appellant was sufficient notice to the Appellant and accordingly the appeal was rightly abated.
Rasiah Vs. Ranmany (1978 / 79 (2) S.L.R. 88)
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