State Graphite Corporation v. Fernando – sllr 1982 volume 2 page 590

In the case between State Graphite Corporation and Fernando, the court addressed whether the Court of Appeal possessed appropriate jurisdiction and complied with procedural requirements in granting leave to appeal without providing a hearing to the 2nd respondent. It was held that the granting of leave—performed ex mero motu—did not violate procedural standards, as the relevant discretion under Section 763 of the Civil Procedure Code and the applicable Supreme Court Rules permits dispensing with a hearing under particular circumstances. This holding reaffirmed the principle that judicial discretion in procedural matters is not to be exercised arbitrarily but can be legitimately applied where mandated by the facts and law. Precedents such as Edward v. de Silva and Wimalasekera v. Parakrama