Thiremuni Peter vs. Sri Lanka Transport Board – CA 608/1999 F -2022

In the case of Thiremuni Peter (Plaintiff-Respondent-Appellant) v. A. S. Jayawardene (Secretary to the Treasury), Daya Liyanage (Deputy Secretary to the Treasury), and the Sri Lanka Transport Board (3rd Respondent), the Supreme Court addressed whether the dismissal of the Plaintiff-Respondent-Appellant’s action by the Court of Appeal was proper, focusing on the procedural rights of a respondent who did not file an appeal or written objection under section 772 of the Civil Procedure Code. The court held that, while section 772 generally requires a respondent to formally object to challenge a decree, the appellate court retains discretionary authority to consider such objections under exceptional circumstances. The principles underlying this decision were derived from comparative case law an