Ceylon Transport Board vs P.G. Pathirana – CA PHC 216/07-2013

The case between Ceylon Transport Board (Appellant) and P.G. Pathirana (Respondent) addressed the issue of whether the appeal should proceed when the appellant failed to deposit the required brief fees after due notice. It was held that the appeal stood rejected by reason of non-compliance with the procedural order to deposit brief fees. The principle reaffirmed is that effective service of notice requiring procedural compliance, if unanswered or unfulfilled, warrants rejection of the relevant pleading or action. Reliance was placed on the presumption of valid service where notice has not been returned undelivered, emphasizing the strict application of procedural rules governing appellate matters.

A.W.A. Salam J. — It was determined that the notice to deposit brief fees had been duly iss