N.P. Jayakodi vs P. Fernando – CA NO.1035/98 F -1998

In the case between N.P. Jayakodi (Wewaliyadda Watta) and others (Appellants) and P. Fernando and others (Respondents), the court addressed whether the appeal preferred by the appellant was procedurally valid under the Civil Procedure Code. It was held that the procedural requirements were not adhered to, as the proper recourse against the interlocutory order under challenge was to make a “leave to appeal” application in terms of Section 754(2) of the Civil Procedure Code, rather than filing a final appeal. This principle reaffirms that interlocutory orders are not appealable as of right unless so permitted by statute. The decision relied on Sections 754(2) and 754(5) of the Civil Procedure Code, emphasizing the necessity of strict compliance with procedural rules in appellate practice. Co