Hewage Wijitha Malini and others Vs. Kularathna Dedugala and others – CA PHC 75/2005-2005

In the case between Hewage Wijitha Malini and others (Appellants) and Kularathna Dedugala, Gunadasa Karunathilaka and others (Respondents), the court addressed the procedural issue of whether the Appellants complied with the requirement to deposit the brief fees as mandated for appeals. It was held that, due to non-payment of the brief fees after due notification (which was deemed served, as notifications were not returned), the appeal stands dismissed in accordance with Rule 13(b) relating to the preparation and submission of the appeal brief. The holding reinforces the principle that procedural compliance, particularly regarding payment of prescribed fees, is essential for maintaining appeal proceedings. The judgment was based on the relevant procedural rule and reaffirmed the impact of