Rajapakshe Mudiyanselage Somawathi vs Batuwanayalage Ukkuwa et al. – CA 898/98 F-2013

The case between Rajapakshe Mudiyanselage Somawathi (Plaintiff-Appellant-Petitioner) and Batuwanayalage Ukkuwa and others (Defendants-Respondents-Respondents) addressed whether an appeal against the District Judge’s order—refusing to vacate a judgment entered upon settlement—could be entertained without obtaining leave under Section 754(2) of the Civil Procedure Code. It was held that such an appeal is procedurally invalid without the requisite leave, reaffirming that compliance with procedural statutes is mandatory in appellate proceedings. The decision relied on the explicit provisions of the Civil Procedure Code, emphasizing that an “order,” as opposed to a “judgment,” attracts the requirement of prior leave, rendering appeals filed without such leave unsustainable.

K.T. Chitrasiri J.