Kothalawalage Dona Indrani and K.H. Sisira Kumara vs M.G.D. Visaka Mihindukulasuriya – CA PHC 104/2005-2005

In the case between Kothalawalage Dona Indrani and K.H. Sisira Kumara (appellants) and M.G.D. Visaka Mihindukulasuriya (respondent), the court addressed the issue of compliance with the procedural requirement for payment of brief fees in appellate proceedings. It was held that failure to comply with Rule 13(b) of the Court of Appeal (Appellate Procedure) Rules regarding the payment of brief fees warrants dismissal of the appeal. The decision reaffirmed the principle that strict adherence to procedural rules is necessary for the progress of an appeal, relying on the Court of Appeal Rules of 1978 and established judicial practice. The ruling emphasizes that service of notice by registered post, where not returned undelivered, constitutes valid notice, and non-compliance with resulting direct