Nelundeniyalage Godwin Samarasinghe vs Soma Weerasinghe – SC/HCCA/LA/NO 351/2022-2024

In the case between Soma Weerasinghe (Plaintiff) and multiple Defendants/Appellants including Leela Edirisinghe and Karuna Edirisinghe, the court addressed whether the Provincial High Court of Civil Appeal erred in dismissing an appeal on the basis that the notice of appeal included a deceased appellant. It was held that a mere technical defect, such as naming a deceased party, does not warrant automatic dismissal of the appeal when considered under Section 81(9) of the Partition Act and Section 759(2) of the Civil Procedure Code. The decision reaffirmed the principle that procedural errors not affecting the substantial merits should not preclude the continuation of an appeal. Reliance on these statutory provisions emphasized that appeals must be determined on substantive grounds rather th