G. Muthumala vs W.K. Leelarathna – CA APPEAL NO. 1088/98-2014

In the case between G. Muthumala and W.K. Leelarathna, the court addressed whether an appeal should proceed when all parties were absent and unrepresented, and notice to the 2nd defendant-appellant could not be delivered due to an invalid address. It was held that the appeal could not continue in the absence of the appellant, resulting in the abatement of the appeal. The principle established confirms that an appeal requires the appellant’s presence or proper notification to proceed, aligning with procedural requirements for justice. This decision relied on procedural statutes governing notice and presence of parties, emphasizing that failure of appearance by all parties bars the continuation of appellate proceedings.

K. T. Chitrasiri J. — It was determined, after reviewing the Registrar