Basnayaka Mudiyanse1age Herath Banda and Bernin Wimalawathi vs Weerasinghe Mudiyanselage Mayurapala and Lekamlage Wasantha Malkanthi – CA PHC 127/2003-2013

In the case between Basnayaka Mudiyanselage Herath Banda, Bernin Wimalawathi (1st Party-Respondent-Appellants) and Weerasinghe Mudiyanselage Mayurapala, Lekamlage Wasantha Malkanthi (2nd Party-Petitioner-Respondents), the Court addressed the issue of whether proceedings initially commenced by a police report under Section 81 of the Code of Criminal Procedure Act could validly progress as a dispute under Section 66 of the Primary Court Procedure Act before the Magistrate’s Court. It was held that, since no jurisdictional objections were raised at the appropriate time and the Magistrate’s proceedings after the second police report were compliant with Section 66, the Magistrate had proper jurisdiction. The principle reaffirmed is that active participation without timely jurisdictional objecti