Mohamed Fahir Junaid v. H. Jayantha Dharmadasa – CA LA APPLICATION NO. 169/99-2011

The case between Mohamed Fahir Junaid (Plaintiff) and H. Jayantha Dharmadasa (Defendant) addressed the issue of whether leave to appeal should be granted in a civil matter pursuant to sections 754(2) and 757 of the Civil Procedure Code of Sri Lanka. It was determined that, due to the absence of both parties and their counsel at the relevant hearing, the application for leave to appeal be “laid by,” subject to the reserved right of the petitioner to move for restoration of the application to the pending list with notice to the opposing party. The decision reaffirmed the procedural principle that appellate relief may be reserved for further motion when parties are absent, in accordance with statutory procedure, and that no determination would be made on the substantive merits until such rest