Dharmaratne Vs Kumari – sllr 2005 volume 1 page 265

The case between Dharmaratne (plaintiff-petitioner) and Kumari (defendant-respondent) addressed whether an error in the designation of parties in a notice of appeal—where the plaintiff was erroneously named as the defendant-appellant—renders the notice invalid under section 755(1)(d) of the Civil Procedure Code. It was determined that such a technical error does not invalidate the notice if no material prejudice is caused, and that the District Judge does not possess authority to reject the notice based on this error. The judgment reaffirmed the principle that relief for clerical mistakes may be granted under section 759(2) of the Civil Procedure Code, provided the respondent suffers no material detriment. Reliance was placed on statutory provisions and precedent, underscoring that technic

REF: sllr 2005 volume 1 page 265 Category: Tag:
Scroll to Top