A.N. Shyamalee Puspha Kumari Maayin-oluwa Dorawaka vs Horathal Pedige Selena Ihala Maayin-oluwa Dorawaka – CA NO.555/99-2014

In the case between Horathal Pedige Selena (Substituted Plaintiff-Respondent) and A.N. Shyamalee Pushpa Kumari and others (Substituted 2B Defendant-Appellant and Others), the court addressed whether the failure of the appellants to name the substituted 1st defendant and other mandatory parties in the notice and petition of appeal, pursuant to Sections 755(1) and 758(1) of the Civil Procedure Code, renders the appeal fatally defective. It was held that such omission does not automatically invalidate the appeal, provided the interests of justice can be preserved through the court’s discretion under Section 770 of the Civil Procedure Code. The principle reaffirmed is that procedural defects in party joinder may be remedied when the omitted parties have adequate notice and representation, with