Hiti Hamige Kaseepala vs Pallemulla Ralalage Sadi Banda – CA NO. 897/98 F -2013

In the case between Hiti Hamige Kaseepala Udattawa (Defendant-Appellant) and Pallemulla Ralalage Sadi Banda, Sappuwatta, Polgahawela, and others (Complainant-Respondents), the court addressed whether an appeal against the District Judge of Kurunegala’s order dated 31st March 1998 was properly constituted. It was held that an appeal seeking to set aside an order made to correct an arithmetical error—rather than a final judgment—was procedurally improper as leave to appeal had not been obtained under Section 754(2) of the Civil Procedure Code. The decision reaffirmed the distinction between an appealable “judgment” and an “order” under the Civil Procedure Code, clarifying that orders require prior leave of court for an appeal to be entertained. This outcome emphasized adherence to statutory