Navaratne v. Wadugodapitiya And Others – sllr 2006 volume 1 page 000

In the case between Navaratne (Plaintiff) and Wadugodapitiya and Others (Defendants), the court addressed the issue of whether an application for leave to appeal was properly constituted in circumstances where the supporting affidavit was not signed by the plaintiff petitioner as mandated by section 438 of the Civil Procedure Code. It was held that the omission rendered the affidavit invalid, and the application was accordingly subject to dismissal. The legal reasoning reaffirmed that strict compliance with statutory requirements for affidavits is essential in appellate procedure, relying on relevant precedents and reinforcing that remedial measures under section 759(2) do not apply where such formalities are breached. The decision highlights that procedural defects in statutory affidavits