Dias v. Karawita – sllr 1999 volume 1 page 098

In DIAS v. KARAWITA, the court addressed the issue of whether an application for appeal notwithstanding lapse of time under Chapter LX of the Civil Procedure Code is maintainable despite procedural defects, including a defective proxy, amended petition, and filing by a different attorney. It was held that irregularities in the proxy are curable through subsequent ratification, the amended petition is acceptable under the Appellate Procedure Rules 1990, and the application to the Court of Appeal is not invalidated by procedural shortcomings in the lower court. The decision reaffirms the principle that procedural defects concerning proxies or amendments should not defeat the right to appeal when such defects are curable and do not affect substantive justice. Overruling the preliminary object