B.K. Channa Thushara Daglas vs H.P. Gunadasa Hewage – CA PHC 62/2006-2013

The case between B.K. Channa Thushara Daglas (Appellant) and H.P. Gunadasa Hewage, Urban Commissioner, Rathnapura Municipal Council (Respondent), addressed the issue of whether an appeal should be permitted to proceed despite the Appellant’s failure to pay the required brief fees as ordered by the Court. It was held that non-compliance with the order to deposit brief fees by the stipulated deadline resulted in the rejection of the appeal. This decision reaffirmed the principle that procedural compliance regarding court-ordered payments is mandatory for appeal proceedings. The judgment relied on adherence to procedural directives, emphasizing that failure to comply with such orders compels dismissal of the appeal irrespective of representation or merits.

A.W.A. Salam J. — It was determine