P. Malam Arachchi vs D.A. Marbram – CA NO. 708/98 F -2013

The case between P. Malam Arachchi (Plaintiff-Respondent) and D.A. Marbram with R.M. Somasiri (Defendant-Appellant) addressed whether two orders issued by the District Judge of Balangoda on 23.04.1998 and 13.08.1998 constituted “judgments” or “orders” under Section 754(5) of the Civil Procedure Code. It was determined that both impugned decisions were “orders” and not “judgments,” reinforcing the requirement that appeals from such orders necessitate prior leave of the Court of Appeal under Section 754(2). The reasoning emphasized the statutory distinction between “orders” and “judgments” and underscored the procedural necessity for complying with mandated appellate processes. Consequently, the appeal, having failed to observe the requisite procedure, was dismissed with costs.

K. T. Chitra