S.P. Nihal Rohitha vs K.H. Perera – CA PHC NO. 128/2007-2013

In the case between S.P. Nihal Rohitha (Appellant) and K.H. Perera of the Municipal Engineering Department, Colombo Municipal Council (Respondent), the court addressed whether an appeal could proceed when the appellant failed to comply with a directive to deposit brief fees. It was determined that, in the absence of the appellant and such non-compliance, rejection of the appeal was necessary. This holding reaffirmed the procedural principle that failure to comply with specific court directions regarding fee payments justifies dismissal of an appeal, underscoring the importance of adherence to procedural requirements in appellate proceedings.

A.W.A.Salam J. — The findings established that the appellant was neither present nor represented at the hearing. Having received notice by registere