Rathnayaka Mudalige siri Parakrama Rathnayaka vs Rasagga Muththu Sami – CA PHC 25/2005-2005

In the case between Rathnayaka Mudalige Siri Parakrama Rathnayaka (“Sada Kalum”), Lunugala (Appellant), and Rasagga Muththu Sami, Lunugala (Respondent), the court addressed whether the appeal should be allowed to proceed following the appellant’s failure to pay required brief fees and absence at the hearing. It was held that strict compliance with court directions for payment of brief fees and appearance is mandatory, reaffirming the principle that failure to adhere to procedural rules under Rule 13(b) of the Supreme Court Rules justifies dismissal of an appeal. This decision emphasized the court’s reliance on notification procedures and presumption of receipt, highlighting the importance of procedural compliance in appellate matters.

Sisira de Abrew J. — It was established that the appe