N. A. Amarapala vs P. A. Leslie Kumara Perera and E. B. R. Swarna Edirisinghe – CA 521/98 F -2013

In the case between N. A. Amarapala (Defendant-Appellant) and P. A. Leslie Kumara Perera, E. B. R. Swarna Edirisinghe (Plaintiffs-Respondents), the court considered the procedural propriety of an appeal filed against a District Court order requiring the deposit of Rs. 300,000 and granting leave to appear and defend. It was held that the appeal was procedurally misconceived, as the impugned order did not amount to a “judgment” under Section 754(5) of the Civil Procedure Code. Instead, it constituted an “order” for which leave to appeal under Section 754(2) was necessary. The ruling reasserted the principle distinguishing final judgments from interlocutory orders in appellate procedure and led to dismissal of the appeal with costs due to non-compliance with required procedural steps.

K.T. C