Nanhimi Arachchi Kankanamalage Nimal Kumara Padmasiri vs Officer in Charge, Police Station, Gampaha – CA PHC 77/2018-2021
In the case between Nanhimi Arachchi Kankanamalage Nimal Kumara Padmasiri (Accused-Petitioner) and the Officer in Charge, Police Station, Gampaha (Complainant-Respondent), the court addressed whether an application to re-list a previously dismissed case, arising from non-compliance with the Court of Appeal (Appellate Procedure) Rules 1990, could be entertained based on claims of adverse economic and health circumstances. It was held that strict adherence to procedural rules, including timely payment of brief fees, is mandatory and that failure to comply constitutes a fatal defect to the application. The decision reaffirmed the principle that procedural requirements must be observed to maintain the integrity of judicial processes. Reliance was placed on precedent cases such as Balasingham a

