Dharmasena v Navaratne – sllr 2004 volume 2 page 173

The case between Plaintiff–Petitioners and Defendant–Respondent concerns a dispute over the enforcement of an enjoining order restraining the Defendant from constructing a building on the land in question and subsequent contempt proceedings for alleged non-compliance. The central legal issue addressed was whether proceedings for contempt, although criminal in character, qualify as “civil proceedings” under section 754(2) of the Civil Procedure Code, and consequently, which procedural framework governs appeals arising from such proceedings. The court determined that contempt proceedings do not fall within the ambit of “civil action, proceeding or matter” under section 754(2) but instead are subject to the appeal procedures outlined in the Code of Criminal Procedure. The application for leav