Mallika Arachchige Tereshma Rashmi Perera vs Nawalage Asanka Indrajith Cooray – CA RII/45/2023-2024

The case between Mallika Arachchige Tereshma Rashmi Perera and Nawalage Asanka Indrajith Cooray addressed the issue of compliance with mandatory time limits and procedural requirements for the filing of a Petition of Appeal under section 755(3) of the Civil Procedure Code, as well as the exercise of the extraordinary remedy under Article 138 of the Constitution. It was held that the Petition of Appeal, filed beyond the stipulated 60-day period and lacking requisite formalities such as the necessary signature and seal, was invalid, and the application under Article 138 was dismissed. This decision reaffirmed the principle that statutory requirements for appeals are peremptory and non-compliance is fatal, with reference to precedents including Wickremasinghe v. De Silva and Municipal Council