Kankanamge Chandana Geethapriya vs Don Matin Edirisinghe – CA NO.965/98-2014

The case between Kankanamge Chandana Geethapriya (as 10A substituted defendant-appellant-petitioner, representing the late Kankanamge Gunadasa) and Don Matin Edirisinghe, Aluthkoralage Jayanthi, and others involved the question of whether an application to re-list an appeal, previously dismissed for non-payment of brief fees, should be granted based on newly presented facts alleging the 10th defendant’s ill-health as the cause for non-compliance. The court determined that compelling evidence of sufficient cause was not provided to justify restoration, reaffirming the principle that appeals dismissed for default may only be reinstated on demonstrably sufficient and proven cause, not on compassionate grounds. Reliance was placed on the precedent Jinadasa v. Sam Silva and relevant procedural