Agallalage Haramanis et al. vs Agallalage Baby Nona et al. – CA 949/96-2013

The case between Agallalage Ganapala (as substituted plaintiff-appellant-petitioner for Agallalage Haramanis, deceased) and Agallalage Baby Nona with others as defendants-respondents addressed the issue of whether an appeal, filed one day out of time by the substituted appellant, was maintainable. It was held that the preliminary objection concerning the late filing was valid, resulting in the dismissal of the appeal. The principle reaffirmed was that strict compliance with statutory time limits for appeals is mandatory. The decision applied procedural requirements regarding appeals, underscoring the importance of adhering to prescribed filing deadlines to maintain appellate jurisdiction.

A.W.A. Salam J. — The facts established that the respondent’s counsel raised a preliminary objection