Kalubadage Rathnayake vs Jayasekara Adikari Appuhamilage Ariyawathi – CA PHC 137/2006-2013

The case between Kalubadage Rathnayake (Appellant) and Jayasekara Adikari Appuhamilage Ariyawathi (Respondent) addressed the issue of whether an appeal could proceed when the Appellant failed to deposit the required brief fees. The court held that the absence of this procedural requirement warranted the rejection of the appeal, reaffirming the principle that strict compliance with procedural requirements, such as fee payment, is necessary for the maintenance of an appeal. This decision relied on the existing procedural rules governing appellate practice, emphasizing that failure to observe mandatory procedural steps results in the dismissal of appellate proceedings.

A.W.A. Salam J. — It was observed that the notice issued to the Appellant had not been returned, and it was further determi