Kandage Leeladasa Perera vs Liyanage Robo Singo – CA 948/98F-2013

In the case between Appukutti Arachchige Sirisena (Plaintiff-Respondent) and the 9th Defendant-Appellant, among other defendants, the Supreme Court addressed whether a belated and procedurally defective appeal by the 9th Defendant-Appellant could be maintained. It was held that the appeal, having been filed out of time and without required procedural compliance—including failure to substitute heirs of deceased parties—must be dismissed, reaffirming the principle that appellate process requires strict adherence to statutory provisions governing time limits, party substitution, and diligent prosecution. Reliance was placed on Section 754(4) of the Civil Procedure Code and Rule 34 of the Supreme Court Rules, emphasizing that non-compliance with these mandates justifies dismissal of the appeal