Ekanayake V. Ekanayake… – sllr 2003 volume 2 page 221

In the case of EKANAYAKE v. EKANAYAKE, the court addressed issues concerning the proper procedure and timing for execution of a decree pending appeal under the Civil Procedure Code. Central points included whether an execution application, made after the notice of appeal but before filing the petition of appeal, was valid, and whether non-compliance with prescribed forms invalidated the application if the required particulars were furnished. It was held that strict adherence to technical form is not essential if statutory substance is met, reaffirming the principle that procedural technicalities should not impede the enforcement of a decreed right. Reliance was placed on statutory provisions (sections 754(4), 755(3), 761, 763, 224) and judicial precedents, including Brooke Bond, Arulampala