Wijesinha Arachchige Danasena Vs. Mayani Muththupumani – CA PHC 194/04-2012

In the case between Wijesinha Arachchige Danasena (Plaintiff) and Mayani Muththupumani (Defendant), the court addressed the issue of procedural non-compliance concerning the payment of brief fees by the appellant in the context of an appeal. The court held that failure to comply with the notice under Rule 13(b) relating to payment of brief fees for preparation of appeal briefs warranted dismissal of the appeal. This decision reaffirmed the principle that strict compliance with appellate procedural requirements is mandatory for the continuation of appeals. The determination was based on the rules governing appellate procedure (specifically Rule 13(b) of the 1978 guidelines), emphasizing that non-compliance with mandatory procedural directives will result in summary dismissal of the appeal.