Koralalage Don Pathmakumara vs Boralesgamuwa Thrift & Credit Society Ltd – CA PHC NO. 265/2006-2013

In the case between Koralalage Don Pathmakumara (Appellant/Plaintiff) and Boralesgamuwa Thrift & Credit Society Ltd and Hon. Attorney General (Respondents/Defendants), the court considered whether the appeal should proceed in light of the appellant’s failure to pay the required brief fees after proper notice. It was held that the non-payment of brief fees constituted a procedural non-compliance warranting dismissal of the appeal. The decision reinforced the principle that compliance with procedural requirements, such as the payment of mandatory fees upon notice, is essential for the continuation of appellate proceedings. The determination was grounded in established procedural rules, underscoring that failure to adhere to court-mandated processes will result in the rejection of the appeal.