Pathirage Sepala vs Ja Godage Asanka – CA PHC NO. 140/2012-2013

In the case between Pathirage Sepala & Raja Gal Goda Gamage Lalith (Appellants) and Ja Godage Asanka (Respondent), the court addressed the procedural issue of whether an appeal should be dismissed for failure to pay the required brief fees as directed by the rules governing the preparation of appeal briefs in the Court of Appeal (1978). It was held that the appeal was properly dismissed due to non-payment, with a presumption of due service arising from unreturned registered notice. The principle reaffirmed is that strict compliance with procedural requirements, such as payment of brief fees upon proper notice, is necessary for the prosecution of appeals. The decision relied on Rule 13(b) of the said rules, reinforcing that failure to pay fees following valid service by registered post just