B. Jayarathne vs M.K. Dharmapala – CA PHC 208/2000-2000

In the case between B. Jayarathne (Petitioner) and M.K. Dharmapala and others (Respondents), the court considered whether an appeal should be entertained in light of procedural non-compliance, specifically the non-appearance of parties and failure to pay brief fees. The appeal was rejected on procedural grounds, underscoring that strict compliance with procedural requirements under Rule 13(b) of the Supreme Court Rules is mandatory. This determination reaffirmed that appeals cannot proceed where parties do not appear and essential court fees remain unpaid, emphasizing the necessity of observing procedural rules for appeal maintainability.

K.T. Chitrasiri J. — It was established that all parties received notice via registered post to appear on the scheduled date, but none attended and bot