J.Subelishamy et al. vs Diles Thewarapwruma – CA NO. D.C. MATUGAMA P/I> 1. J.SUBELISHAMY 2001. 02.08-2012

In the case between Diles Thewarapwruma (Plaintiff-Appellant) and J. Subdishamy, Wickrama Aratchige Ratnapala, and others (Defendant-Respondents), the court addressed the issue of whether an appeal could proceed when the Appellant failed to pay the requisite brief fees as directed under Rule 13(b) of the Supreme Court (Court of Appeal-Appellate Procedure Copies of Records) Rule 1978. It was held that non-compliance with the procedural requirement to pay brief fees, despite notice, warranted the rejection of the appeal. The principle reaffirmed was that failure to comply with mandatory court directions concerning procedural fees disqualifies the appeal from further consideration. The decision relied on the relevant appellate court rules, underscoring the importance of adherence to prescribe