Aberathne vs Office in-charge Police Station, Warakapola – CA PHC 21/2005-2005
In the case between Athukorallage Aberathne (Appellant) and the Office in-charge, Police Station, Warakapola, and G.M.V. Bandara Manike (Respondents), the court addressed the issue of whether the appeal should be entertained, given the appellant’s non-payment of brief fees as previously ordered. The holding established that failure to comply with the court’s directive to pay brief fees, as communicated to the appellant’s stated address, justified dismissal of the appeal in accordance with Rule 13(b) of the Supreme Court Rules. The underlying principle reaffirmed was that adherence to procedural requirements, specifically timely payment of ordered fees, is mandatory for the continuation of an appeal. The decision emphasized the presumption of service when official correspondence is unreturn

