Hettige Don Thilakaratne v. Kumarapattiyage Don Allis Pieris et al. – SC HCCA/LA/119/2015-2021

In the case between Hettige Don Thilakaratne (Plaintiff/Appellant) and several named defendants (including the 7th, 23rd, and 24th Defendants and their substitutes), the court addressed the procedural issue of whether defects in the caption of a leave to appeal application—specifically the omission and incorrect naming of substituted parties in accordance with Supreme Court Rules 28(2) and 28(5)—were fatal to the appeal process in a partition action concerning “Laulugahawatte Kebella.” It was held that failure to properly name and serve all necessary parties, including those whose status had changed due to death and substitution, constituted a violation of the mandatory procedural rules, resulting in the dismissal of the application without costs. The principle reaffirmed was that complian