Milton Silva vs Sumanasiri – sllr 2007 volume 1 page 346

Brief
In the case between Milton Silva (plaintiff) and Sumanasiri (defendant), the court addressed the issue of whether execution of a decree granting possession of leased premises should be stayed pending appeal, specifically under section 23 of the Judicature Act and section 763(2) of the Civil Procedure Code. It was held that although the defendant failed to prove substantial loss if execution proceeded, a substantial question of law had arisen due to the trial judge introducing an issue post-judgment without prior notice to the parties. The principle reaffirmed was that either substantial loss or a substantial question of law can justify a stay, and procedural irregularities affecting legal rights on appeal are sufficient to warrant such relief. The decision relied on statutory interpr