Francis v. Premawathy And Another – sllr 2005 volume 3 page 087

In FRANCIS v. PREMAWATHY AND ANOTHER, the court considered the validity of a Notice of Appeal that was not served on the respondent’s registered Attorney-at-Law as mandated by section 755(2)(b) of the Civil Procedure Code. It was held that such non-compliance renders the Notice of Appeal void, and the omission cannot be rectified through relief under section 759(2) in a revision application. The outcome reaffirmed the requirement for strict adherence to procedural rules under the Civil Procedure Code. Precedents including Thambirajah v. Doral, Sumanaratne Bandara v. Jayaratne, and Kiri Banda v. Ukku Banda were relied upon to reinforce this procedural rigor. The case underscores that the failure to comply with statutory notice provisions invalidates the appeal process and does not warrant j