Sunil Pushpa Kumara vs Rohitha Tissa Jayadewa Ganewatta – CA 877/98 F -2013

The case between Sunil Pushpa Kumara (Plaintiff) and Rohitha Tissa Jayadewa Ganewatta (Defendant) addressed the issue of the timeliness and validity of notices of appeal under Section 755 of the Civil Procedure Code. It was held that notices of appeal filed by the 1st, 2nd, and 4th defendant-appellants were out of time, affirming the principle that strict compliance with statutory time limits is mandatory in civil appellate procedure. The decision relied on the Civil Procedure Code and emphasized that failure to adhere to prescribed filing periods renders the appeal invalid.

K.T.Chitrasiri J. — Upon consideration of the case record and submissions, it was established that the heirs of the deceased plaintiff-respondent, though substituted in the District Court, had not been made parties t