Kariyawasam Mudalige Nalin Chaminda and Hettigoda Liyanage Niluka Kumari vs Okanda Watte Hewage Dayawathi – CA PHC NO.114/2012-2013

In the case between Kariyawasam Mudalige Nalin Chaminda and Hettigoda Liyanage Niluka Kumari (Appellants) and Okanda Watte Hewage Dayawathi and others (Respondents), the court considered whether the appeal could proceed despite the appellants’ failure to deposit the prescribed brief fees within the stipulated time under Rule 13(b) of the Court of Appeal Rules, 1978. It was held that the appeal must be rejected due to non-compliance with the brief fee payment requirement, reinforcing the principle that adherence to procedural rules governing appeals is mandatory. The decision relied on a finding that proper notice to pay the brief fees was presumed served, as there was no evidence of non-delivery, underscoring that failure to comply with procedural directions results in the automatic reject