G.D. Dharmapala vs Bopanna Widanalage Wijesooriya – CA PHC NO.119/2006-2013

In the case between G.D. Dharmapala (Appellant) and Bopanna Widanalage Wijesooriya (Respondent), the court addressed whether the appeal should proceed or be rejected due to the appellant’s absence and lack of representation at the hearing. It was held that the appeal was to be rejected on procedural grounds, reaffirming the principle that effective service of notice followed by non-appearance may justify such rejection. This determination relied on procedural law related to service of notices and court appearances, emphasizing that appeals can be procedurally dismissed when parties fail to appear without reasonable explanation.

A.W.A.Salam J. — The findings established that, with the notice sent to the appellant not having been returned undelivered and thus being deemed served, the appel