R.M. Abeykoon Vs. Rajapakse Mudiyanselage Rajapakse Muthubanda (Deceased) and others – CA CASE NO. 718/1999-2017

In the case between E.R.M. Podimenike (substituted plaintiff) and R.M. Abeykoon (8th Defendant-Appellant) among others, the court addressed the validity of a Notice of Appeal filed by the 8th Defendant-Appellant in a partition action. The main issues concerned whether the Notice of Appeal required the signature of an Attorney-at-Law on record and whether the appeal was procedurally defective for failing to obtain leave of court after revoking a previous proxy, pursuant to Section 27(2) of the Civil Procedure Code. It was held that the requirement for “leave of the Court” is directory, not mandatory, and that the absence of an attorney’s signature on the Notice of Appeal did not affect its validity where the appellant was entitled to act personally following revocation of the proxy. The fin