Warnakulasuriya Irangani Tissera and others Vs. Mahindra De Silva – CA 1311/98 F -1998

In the case between the Plaintiff-Appellant (Deceased) Madduma Acharige Dayaratne Alias Paulis (substituted by Wadumesthrige Padma Dayaratne, Nee De Silva) and Defendant-Respondent Mahindra De Silva, the court considered whether an appeal was valid when the notice of appeal and petition of appeal were not signed by the registered attorney on record for the Plaintiff, addressing procedural requirements for appointment and revocation of proxies under the Civil Procedure Code (CPC). It was held that strict compliance with mandatory procedural requirements for revocation of a proxy is essential and that such defects are not curable, thereby rendering the appeal invalid. This outcome reaffirmed the principle that deficiencies in proxy procedure directly affect the validity of appeals and jurisd

REF: CA 1311/98 F -1998 Category: Tag:
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