Lieutenant General N.U.M.M.W. Senanayake vs Colonel P.K.D.C. Alwis – SC SPL LA NO 301/2022-2025

The court addressed whether the omission to name all necessary parties in an application for Special Leave to Appeal constitutes a fatal defect under Rule 4 of the Supreme Court Rules 1990. It was determined that failure to comply with this procedural requirement mandated dismissal of the application in limine, affirming that such an omission cannot be cured post-filing. Reliance was placed on precedents such as Ibrahim v Nadaraja and Kesara Senanayake v Attorney General. The ruling underscores strict compliance with procedural rules as fundamental for the maintainability of applications before the Supreme Court.

Achala Wengappuli J. — The findings established that the petitioners’ omission to name all necessary parties in the application for Special Leave to Appeal, subsequent to a co