M.D. Anura Jayalath vs W.A. Gunawardana – CA PHC 219/06-2013

The case between M.D. Anura Jayalath (Appellant) and W.A. Gunawardana (Respondent) addressed the issue of whether an appeal should proceed when the appellant fails to pay required brief fees after due notice. It was held that the appeal must be rejected due to non-payment of brief fees, in accordance with procedural requirements. This decision reaffirmed the principle that compliance with procedural orders, including payment of court-mandated fees after due notice, is mandatory for the progression of an appeal. Reliance was placed on established court procedure, emphasizing that presumption of service arises when a notice is not returned undelivered, and the failure to comply with such procedural steps prevents further consideration of the appeal.

A.W.A. Salam J. — It was determined that