Kithulampitiya Wikramasinhale Manjula vs Divisional Secretory – CA PHC 132/2012-2013

The case between Kithulampitiya Wikramasinhale Manjula (Plaintiff/Appellant) and the Divisional Secretary, Divisional Secretary Office, Imaduwa (Defendant/Respondent), addressed the issue of whether the appellant’s failure to deposit brief fees as ordered justified the rejection of the appeal under Rule 13(b) of the Court of Appeal’s 1978 rules. It was determined that the absence of evidence refuting due service of the notice requiring payment, combined with the appellant’s non-payment of brief fees, warranted the dismissal of the appeal pursuant to the relevant rule. This approach reaffirmed the principle that compliance with court-mandated procedural requirements is mandatory for the continuation of appellate proceedings. Reliance was placed on Court of Appeal rules, emphasizing the stri