Nandawathi Thubaliyadda vs M.A.K. Wanchanayaka Kithsiri Thubaliyadda – CA APPEAL NO. 1372/99 F -2013

The case between Nandawathi (Appellant) and M.A.K. Wanchanayaka Kithsiri (Respondent) addressed whether the appellant’s failure to deposit brief fees as directed by the court justified the rejection of the appeal under Rule 13(b) of the Court of Appeal (Preparation of Appeal Briefs) Rules, 1978. It was held that proper notification had been effected to the appellant regarding the payment of brief fees, and service of the notice was presumed as it was not returned by the postal authorities. The failure to comply with the court’s directive led to the rejection of the appeal pursuant to Rule 13(b), reaffirming the principle that strict adherence to procedural rules is mandatory for the progression of appellate proceedings. This decision emphasized that parties bear the responsibility of compl