Premasiri Dias Balasuriya vs Padukkage Jayantha Samaratunge – CA NO. 03/97 F-2011

In the case between Premasiri Dias Balasuriya (Plaintiff-Appellant) and Padukkage Jayantha Samaratunge (Defendant-Respondent), the court considered whether an appeal to set aside or revise a District Court decree—entered pursuant to a settlement—was valid and within the time limitations set by Section 755(3) of the Civil Procedure Code. It was held that an appeal submitted beyond the statutory 60-day limit was not maintainable, reaffirming the principle that procedural deadlines for filing appeals are mandatory and not subject to judicial discretion. Reliance was placed upon authorities such as Wickremasighe v. de Silva and Keerthiratne v. Udena Jayasekera, underscoring that failure to file within the required time-frame is fatal to the appeal. This determination reinforces the necessity f

REF: CA NO. 03/97 F-2011 Category: Tag:
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