Mahakumarage Jayarathna vs Tuder Dayarathna – CA PHC NO. 229/2006-2013

The case between Mahakumarage Jayarathna, Dipowa, Anuradapura (Appellant) and Tuder Dayarathna, Director, Sri Lanka Transport Board, Colombo 05 (Respondent) addressed the issue of whether the appeal could proceed after the appellant failed to deposit the required brief fees. It was held that, due to the appellant’s non-compliance with the procedural directive to deposit brief fees following formal notice, the appeal must be rejected. This holding reaffirmed the principle that compliance with court-ordered procedural requirements is necessary for the continuation of an appeal. The decision relied on procedural rules governing appellate practice, emphasizing that failure to meet mandatory court requirements can result in dismissal of a case on procedural grounds.

A.W.A. Salam J. — It was e