Herath Mudiyanselage Leelawathie Menike and Kotahawadige Don Wimalasena vs. Ananda Dharmasinghe Bandara and Herath Mudiyanselage Heen Bandara – SC APPEAL 172/2011-2011

In the case between Herath Mudiyanselage Leelawathie Menike and Kotahawadige Don Wimalasena (Plaintiffs) and Ananda Dharmasinghe Bandara and Herath Mudiyanselage Heen Bandara (Defendants), the court addressed whether non-compliance with Supreme Court Rule 30 regarding the timely filing of written submissions should disqualify an appellant from being heard. It was held that the preliminary objection based on such non-compliance should not prevail where no prejudice to the opposing party is demonstrated. The ruling reaffirmed the principle that procedural rules are designed to advance, rather than impede, the administration of justice. Reliance was placed on relevant statutes and previous judicial precedents, clarifying that technical lapses, if not prejudicial, do not justify dismissal, and

REF: SC APPEAL 172/2011-2011 Category: Tag:
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