Keerthiratne v. Udena Jayasekera – sllr 1990 volume 2 page 346

In the case between KEERTHIRATNE (Petitioner/Appellant) and Udena Jayasekera (Respondent), the court examined whether the late filing of a petition of appeal—despite timely notice of appeal—could be excused due to the appellant’s detention and subsequent health issues. It was held that the duty to comply with the appeal’s filing requirements rests upon the Attorney-at-Law on record, regardless of the petitioner’s personal circumstances. Strict adherence to Section 755(3) of the Civil Procedure Code was reaffirmed, emphasizing that attorney negligence cannot be excused under Section 759(2). The application was dismissed, with costs awarded to the respondent. This decision relied on established precedents, reinforcing procedural rigor in appellate practice.

H. W. Senanayake J. — The findin