Wickrema Arachchilage Sumanawathie v. Ranathun Arachchilage Gedara Ukku Menike – CA CASE NO. 699/1998 F-2015

In the case between Wickrema Arachchilage Sumanawathie (Petitioner/3rd Defendant–Appellant) and Ranathun Arachchilage Gedara Ukku Menike (Plaintiff–Respondent, deceased and succeeded by Dingiri Banda and Gnanawathie, among others), the court addressed the validity of dismissing an appeal for non-appearance and whether reinstatement was warranted when notices were allegedly not received by the appellant. It was determined that the Court’s dismissal order, based on presumed notice, constituted injustice due to undelivered notices—a fact later substantiated by the Registrar’s inquiry. The explanation for delay in seeking reinstatement was accepted as reasonable. The holding reaffirmed the curative and restitutionary powers of courts when procedural lapses or inadvertence have caused prejudice

REF: CA CASE NO. 699/1998 F-2015 Category: Tag:
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