A. K. Gunapala de Silva vs W.G.H.Leelaratne de Silva – CA NO. 926/96 F -2013

In the case between W.G.H. Leelaratne de Silva (Plaintiff-Respondent) and K. Gunapala de Silva (Defendant-Appellant), the court addressed the issue of whether the Defendant-Appellant could challenge the validity of the permit (P1) for the first time on appeal, having failed to raise this challenge during trial proceedings. It was held that the validity of the permit involved questions of both law and fact and, as such, could not be introduced for the first time at the appellate stage. This reaffirmed the principle that only pure questions of law, substantiated by all necessary material before the appellate court, may be raised on appeal absent prior litigation at trial. The decision relied on precedents including Somawathie vs Wilmon, Arulampikai vs Thambu, and Weerasinghe Gunawardena vs.