Kaluarachchige Muditha Wishwa Subashini vs Vijitha Palihakkara Wijesekara – CA PHC NO. 130/2012-2013

In the case between Kaluarachchige Muditha Wishwa Subashini (Appellant) and Vijitha Palihakkara Wijesekara with the Hon. Attorney General (Respondents), the court addressed whether the appeal could proceed after the appellant failed to pay the brief fees as mandated by Rule 13(b) of the Court of Appeal Rules (1978) relating to the preparation of appeal briefs. It was held that non-compliance with the payment requirements necessitated rejection of the appeal, underscoring the binding nature of procedural rules in appellate proceedings. This decision reaffirmed that strict adherence to statutory procedural requirements is essential, with the outcome demonstrating the dispositive effect of non-compliance.

A.W.A. Salam J. — The findings established that despite notice being issued to the app

REF: CA PHC NO. 130/2012-2013 Category: Tag:
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