Kithsiri v. Weerasena – sllr 1997 volume 1 page 070

In the case between Kithsiri (Plaintiff/Appellant) and Weerasena (Defendant/Respondent), the court considered whether the failure to affix the required stamp duty to a Notice of Appeal, as mandated by Section 755(1) of the Civil Procedure Code, necessitates dismissal of the appeal or if such an omission may be remedied under Section 759(2). The court held that an omission to duly stamp the Notice of Appeal constitutes a technical defect, not causing material prejudice, and may be cured under Section 759(2). The principle reaffirmed was that procedural defects not affecting the substance of justice can be corrected to prevent undue hardship. This decision relied on statutory interpretation and prior precedents, emphasizing that rigid adherence to procedural technicalities must yield to subs