Jinadasa v. Hemamali & Others – sllr 2006 volume 2 page 300

In the case between Jinadasa (Plaintiff) and Hemamali & Others (Defendants), the court addressed the proper computation of time for filing an appeal under section 755(3) of the Civil Procedure Code. The central issue concerned whether the date of judgment should be excluded from the calculation of the statutory 60-day period for filing a petition of appeal, and whether an appeal filed on the next working day—when the 60th day is a non-working day or public holiday—is deemed timely. It was held that the date of judgment is to be excluded from this computation, and that filing on the immediately following working day is compliant with the legal requirements. This decision reaffirmed the principle that procedural rules on time limits should be interpreted to avoid injustice and to give effect