Ponnusami Somasundaram vs Rev. Vito Perniyola Father – CA 30/99-2013

The case between Ponnusami Somasundaram (Defendant-Appellant) and Rev. Vito Perniyola Father (Fathima Retrit House, Lewella, Kandy) (Plaintiff-Respondent) addressed the issue of procedural compliance concerning the deposit of appeal brief fees as required by appellate rules. It was held that the Defendant-Appellant’s failure to pay the stipulated fees, after proper notice was given, resulted in the rejection of the appeal under Rule 13(b) of the Appellate Procedure (Copies of Records Rules), 1978. This decision emphasized strict adherence to statutory procedural requirements for prosecuting appeals and reinforced that non-compliance with such mandates will result in dismissal of the appeal.

H.N.J. Perera J. — The findings established that the Defendant-Appellant was absent and unrepresen