Wickramasinghe v. Kulasinghe – SLR – sllr 2006 volume 2 page 051

In WICKRAMASINGHE v. KULASINGHE, the court addressed whether the defendant-petitioner’s application for leave to appeal, filed beyond the prescribed time, satisfied the mandatory procedural requirements set out in the Civil Procedure Code, particularly sections 765 and 766. It was held that the application was procedurally defective as it failed to properly include a prayer requesting admission of the appeal notwithstanding the lapse of time and did not comply with the obligatory annexure of documents. The court reaffirmed the principle that strict adherence to statutory procedural requirements is necessary for the entertainability of appeals and applications under the Civil Procedure Code. The decision relied on the interpretation of sections 765, 766, and related provisions, emphasizing