Silipuli Arachchilage Gunathilaka vs H.M. Kusumawathi – CA PHC NO. 203/2006-2013

In the case between Silipuli Arachchilage Gunathilaka (Appellant) and H.M. Kusumawathi (Respondent), the court addressed whether the appellant’s failure to deposit brief fees after due notice justified rejection of the appeal. It was held that the non-compliance with the order to pay brief fees resulted in procedural default, warranting dismissal of the appeal. This outcome reaffirmed the principle that adherence to procedural directives, including the deposit of mandated fees upon notice, is essential for the further prosecution of an appeal. Reliance was placed on the procedural rules governing appeals, underscoring the consequence that failure to comply leads to summary rejection of the appeal.

A.W.A. Salam, J. — It was determined that the appellant was absent and unrepresented at the