Dr. Jayantha Anton Liyanage vs Nirupa Subashini Battacharya – CA PHC 127/2007-2013

The case between Dr. Jayantha Anton Liyanage, Municipal Commissioner, Colombo Municipal Council, and Nirupa Subashini Battacharya addressed whether an appellant could pursue an appeal after refusing to accept court notice and failing to pay required brief fees. It was determined that both refusal to accept service and non-payment constituted procedural defaults which warranted rejection of the appeal. This holding reinforces the principle that compliance with court procedures, including acceptance of notices and payment of fees, is mandatory for the valid continuation of appeal proceedings. Reliance was placed on rules regarding service of process and procedural requirements of appellate practice, establishing that strict procedural compliance is a precondition to pursuing appeals.

A.W.A.