Mohammadu Sally Fajurdeen vs Samarakoon Mudiyanselage Samarakoon and Samarakoon Mudiyanselage Kularatna – SC APPEAL NO. 06/2012-2012

In the case between Mohammadu Sally Fajurdeen (Respondent) and Samarakoon Mudiyanselage (Appellants), the court addressed the issue of whether the Notice of Appeal was properly filed in accordance with the procedural requirements under the Civil Procedure Code, specifically concerning whether the notice needed to be addressed to the original court. It was held that the technical requirement regarding the addressing of the Notice of Appeal had been misapplied by the Civil Appellate High Court, and established judicial practice in Sri Lanka does not necessitate such strict formalities when the substantive right of appeal is not prejudiced. The principle reaffirmed is that access to the appellate process should not be impeded by technical procedural defects when statutory intent and practice