Wanasundara Muhandiramlage Dayalatha Wanasundara vs Medagoda Dasilikamage Mottihami – CA 315/2000 F -2022

In the case between Wanasundara Muhandiramlage Dayalatha Wanasundara (Plaintiff-Respondent-Respondent) and Medagoda Dasilikamage Mottihami (deceased, substituted by Medagoda Dasilikamage Indrani and others as 1F Substituted Defendant-Petitioner-Appellant), the court addressed the issues of the maintainability of a direct appeal against an interlocutory order without leave and whether the appeal should be converted into a revision application due to procedural irregularity in the District Court. It was held that a direct appeal was not available from the interlocutory order in question and that procedural non-compliance regarding notice under Section 28 of the Civil Procedure Code resulted in grave prejudice to the appellant. The principle that procedural fairness and the right to be heard