M.G. Thamara Vs. M.H. Wasanthi Mallika – CA PHC NO. 66/2006-2006

In the case between M.G. Thamara (Petitioner) and M.H. Wasanthi Mallika (Respondent), the court addressed whether the Magistrate of Matara erred by not attempting settlement as mandated by Section 66(6) of the Primary Court Procedure Act No.44 of 1979, and whether the High Court Judge acted correctly in reversing the Magistrate’s order for this reason. The court held that a party cannot raise the issue of non-compliance with Section 66(6) for the first time at the appellate or revision stage, and failure to object constitutes a waiver. The court set aside the High Court judgment, affirmed the Magistrate’s order restoring possession, and allowed the appeal with costs. The decision reaffirmed the principle that procedural objections regarding attempted settlement must be timely raised, drawi