Mahawattage Anthony Perera vs Dobagahawttage Jeannona – CA NO: 738/98F-2013

In the case between Mahawattage Anthony Perera (Plaintiff) and Mapahamige Danasena, N.P. Jayasena, and others (Defendants), the court addressed whether an appeal filed by the 6A substituted Defendant-Appellant against an order made under Section 36 of the Partition Law No. 21 of 1997 is maintainable without first obtaining the leave of the Court of Appeal, as mandated by Section 36(A) of the Partition (Amended) Act No. 17 of 1977. The holding established that strict compliance with the statutory requirement for obtaining such leave is mandatory, reaffirming the principle that appellate procedures prescribed by statute must be followed. This decision relied on the precedent set in S. Rajendra Chettiar vs. S. Narayan Chettiar and others, highlighting that appeals not adhering to the statutor