Dhamme Arachcilage Karunaratne and 05 others vs Kuruppu Mudiyanselage Podimenike and 37 others – CA NO. 1281/2000-2013

The case between Dhamme Arachcilage Karunaratne and others (Plaintiffs) and Kuruppu Mudiyanselage Podimenike (deceased) and others (Defendants) addressed the issue of whether a notice of appeal and petition of appeal, filed during the appeal of a partition judgment, must be signed by the registered attorney when a proxy is in force, as mandated by the Civil Procedure Code of Sri Lanka. It was determined that such documents, if signed only by the appellants personally and not by the registered attorney, are not compliant with procedural requirements. The court, reaffirming the principle that appeals must strictly adhere to statutory requirements, dismissed the appeal as fatally defective and not curable. This determination relied upon statutory provisions, specifically Sections 24 and 27 of