Rathnayaka Mudiyanselage Thilakarathne Vs. A. M. Kiribanda – CA797/98 F -2011

In CA 797/98(F) DC(Maho) 2832/M, the court addressed whether an appeal should proceed where both the appellant and respondent were absent and unrepresented, and where procedural requirements had not been met by the appellant, specifically the failure to pay brief fees and to respond to official court notices. It was held that, due to the appellant’s lack of diligence in prosecuting the appeal and non-compliance with the Supreme Court Rules, the appeal was dismissed without costs. The decision reaffirmed the principle that strict adherence to procedural rules is required for the proper prosecution of appeals, in accordance with Rules 13(b) and 34 of the Supreme Court Rules. The outcome underlined the necessity for parties to maintain active engagement and compliance with procedural directiv