M. Serasinghe vs D.M. Kanakarathna – CA 864/2000 F -2013

In the case between M. Serasinghe (Plaintiff) and D.M. Kanakarathna (Defendant), the court addressed whether an appeal should be dismissed on the ground that not all original parties, specifically the 1st defendant, were named in the notice and petition of appeal as required by Sections 755 and 758 of the Sri Lankan Civil Procedure Code. It was held that failure to comply with these procedural requirements resulted in the appeal being fatally defective. The principle reaffirmed was that all parties to an action must be named in an appeal to safeguard their legal rights. Reliance was placed upon the relevant provisions of the Civil Procedure Code, emphasizing the necessity of procedural compliance and the limited circumstances under which court discretion to cure such defects may be exercis