K.G. Harischandra vs T. Wickramasinghe – CA PHC APPEAL NO.95/06-2013

The case between K.G. Harischandra (Appellant/Plaintiff) and T. Wickramasinghe, Kandy Municipal Council, and two others (Respondents/Defendants) addressed whether an appeal could proceed after the appellant failed to pay brief fees as ordered by the court. It was held that non-compliance with the court-ordered deadline for payment of brief fees necessitated the rejection of the appeal. The key legal principle reaffirmed was that strict adherence to procedural orders, specifically regarding fee payments, is mandatory for appeal proceedings. The decision relied on the court’s authority to regulate its procedural requirements, underscoring that non-compliance leads to procedural dismissal of appeals.

A.W.A.Salam J. — The findings established that the appellant, after being duly notified to