Hapan Pedige Kanthi Kumari Jayasinghe and Weragamage Jayarathne vs Sakwalage Nimal Shantha and Weragamage Jayanthi – CA PHC APPEAL NO.63/06-2013

The case between Hapan Pedige Kanthi Kumari Jayasinghe, Weragamage Jayarathne (Appellants), and Sakwalage Nimal Shantha, Weragamage Jayanthi (Respondents) addressed the issue of whether an appeal could proceed when the appellants failed to pay the requisite brief fees within the court-specified time. It was determined that due to non-compliance with the payment order, the appeal stands rejected, affirming the principle that procedural requirements, including the timely payment of court fees, are mandatory for the maintenance of appeals. This conclusion was based on established procedure and court directives, underscoring the necessity of adherence to procedural stipulations for the continuation of legal proceedings.

A.W.A.Salam J. — It was established that the appellants, despite being d