Jayakody v. Saraswathie – sllr 2003 volume 2 page 133

In the case between Jayakody (Plaintiff) and Saraswathie (Defendant), the court addressed whether an order fixing an application for the discovery of property under sections 712 and 714 of the Civil Procedure Code constitutes a final order subject to direct appeal, or whether it is interlocutory and not appealable as of right. It was held that such an order is merely interlocutory and does not finally dispose of the dispute or the rights of the parties, thereby precluding a direct appeal. The principle reaffirmed that only orders or judgments with finality, as constructed by section 754(5) of the Civil Procedure Code and interpreted in Siriwardena v Air Ceylon Ltd. and Ranjit v. Kusumawathie, attract the right of direct appeal. The decision emphasized that costs may be imposed on an unsucc