Kothalawalage Dayawathie Perera vs. K.W. Ivan de Silva – CA PHC 123/2009-2009

In the case between Kothalawalage Dayawathie Perera and K.W. Ivan de Silva, Director General, Mahaweli Authority of Sri Lanka, the court addressed the issue of whether an appeal could be entertained when filed outside the 14-day period stipulated by Rule 2 of the Court of Appeal (Procedure for Appeals from High Courts) Rules 1988. It was held that failure to comply with this mandatory time limit was fatal to the appeal, resulting in its dismissal. The principle reaffirmed is the strict adherence to procedural rules governing the filing of appeals, as prescribed by the relevant court rules. The decision emphasized that non-compliance with statutory timelines precludes the hearing of the appeal, underscoring the critical importance of procedural compliance in appellate practice.

K.T. Chitra