W.M. Amara Wijesundara vs Gurusinghage Wijepala – CA PHC 185/2006-2013

The case between W.M. Amara Wijesundara (Appellant) and Gurusinghage Wijepala (Respondent) involved the issue of whether the appellant’s failure to deposit the brief fees, after being duly notified, justified the rejection of the appeal. It was held that failure to comply with a clear and direct notice to deposit the brief fees constitutes grounds for rejection of the appeal. The ruling reaffirmed the procedural principle that compliance with court orders regarding payment of brief fees is mandatory for the progression of an appeal. Reliance was placed on procedural rules governing appellate practice, highlighting that non-compliance with such requirements leads to forfeiture of appeal rights.

A.W.A. Salam J. — It was established that the appellant, having been served notice requiring th