Rathnayake Mudiyanselage Gunawathi vs Weerapperuma Arachchi Athukorala – CA PHC NO. 122/2012-2013

In the case between Rathnayake Mudiyanselage Gunawathi (Appellant) and Weerapperuma Arachchi Athukorala, Arachchige Wijitha Athukorala, among others (Respondents), the court addressed the procedural issue of whether an appeal should be rejected for failure to deposit brief fees within the time stipulated under Rule 13(b) of the Court of Appeal’s rules (1978) regarding preparation of appeal briefs. It was held that the appeal must be rejected due to non-compliance with the notice requiring the timely deposit of brief fees, reaffirming the principle that strict adherence to procedural rules governing appeals is mandatory. The decision relied on Rule 13(b) of the applicable rules, emphasizing that failure to fulfill mandatory procedural requirements results in dismissal of the appeal.

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