Madapatha Jayaratna vs D H Weerasiri – CA 1074/96-2011

In the case between Madapatha Kankanamge Don Jayaratna (Plaintiff-Appellant) and D H Weerasiri (Defendant-Respondent), the court addressed whether the plaintiff is entitled to appeal the District Court’s decision, which held that previous proceedings (case No. 2521/L) operate as res judicata against the plaintiff. The central issue concerned whether the contested order was interlocutory or final, directly affecting the plaintiff’s right to appeal under section 754(2) of the Civil Procedure Code. The holding reaffirmed that appeals against interlocutory orders require prior leave of the Court of Appeal, as established in recent precedent, and that failure to obtain such leave renders the appeal incompetent. This decision underscores the principle that interlocutory orders necessitate proced