C. Rita Fernando vs T. Patrick Fernando – CA DC 1182/98-2014

In the case between C. Rita Fernando (Substituted Plaintiff-Appellant) and T. Patrick Fernando and others (Defendants-Respondents), the court addressed the issue of whether an appeal could be sustained when the 1st and 2nd Defendant-Respondents were not made parties to the appeal. It was determined that, under Section 755 of the Civil Procedure Code, the omission of these parties as respondents and the failure to serve notice rendered the appeal procedurally defective. The holding emphasized the mandatory nature of citing all relevant parties in the notice of appeal, reaffirming that noncompliance with statutory procedure necessitates dismissal of the appeal. The case reinforced strict adherence to procedural requirements in appellate litigation, clarifying that failure to do so precludes