Sinnaiya Siwasamy vs M. Nadaraga Moorthi – SC APPEAL NO. 74/2015-2017

In the case between Sinnaiya Siwasamy (Plaintiff/Appellant) and M. Nadaraga Moorthi (Defendant/Respondent), the court addressed whether service of the Notice of Appeal on counsel, rather than the registered attorney, satisfied procedural requirements under Section 755(2) of the Civil Procedure Code. It was held that, despite this procedural irregularity, no material prejudice was caused to the Respondent and relief could be granted under Section 759(2). The principle reaffirmed is that procedural errors not resulting in substantial prejudice may be remedied, and technical objections should not bar substantive justice. The decision relied on statutory interpretation, judicial precedents such as Dharmaratne Vs. Kumari and Nanayakkara Vs. Warnakulasooriya, and emphasized judicial discretion i