G.A Upali Amarasena vs B. Padma Malkanthi – CA PHC 174/2002-2012

In the case between G.A Upali Amarasena (appellant) and B. Padma Malkanthi (respondent), the court addressed the issue of whether the appeal should be dismissed on the basis of non-compliance with procedural Rule 13(b). It was determined that the absence of the appellant and legal representation, along with the failure to collect the case brief as recorded in the journal entry dated 17.09.2012, constituted a breach of the rule. The appeal was consequently dismissed, reaffirming the principle that strict adherence to procedural rules is essential for the progression of appellate proceedings. This decision relied on the application of Rule 13(b), emphasizing that failure to comply with procedural requirements leads to dismissal and the subsequent direction to transmit the case record to the