Puvaneswari widow of Pasupathi Vs. Sinnathamby Thangarasa – SC Appeal 43/2020-2025

In the matter of Puvaneswari and Sinnathamby Thangarasa, the court addressed the issue of a right of way dispute and the procedural regularity of a trial court’s handling of evidence led by predecessor judges. The Supreme Court held that the Civil Appellate High Court erred in setting aside a District Court judgment solely on the ground of a procedural irregularity that was not raised in the appeal before it and to which the parties had consented. This decision reaffirmed the principle that procedural irregularities, when consented to by parties and not raised as grounds for appeal, cannot be the basis for overturning a judgment. The case was remanded to the High Court for a hearing on its merits.

JANAK DE SILVA, J. – The action was initiated by the Appellant (Plaintiff) seeking a decla