Northern Power Company (Pvt) Ltd v. Dr. Irajalingam Shiwasanker and others – APN 29/2015-2015

In the case between Northern Power Company (Pvt) Ltd and Dr. Irajalingam Shiwasanker (along with other Respondents), the court addressed whether an appeal against the High Court of Jaffna’s order, suspending the operation of a power house due to alleged environmental pollution, could be dismissed on the ground that the Appellant’s counsel did not specifically identify errors in the lower court’s decision. It was held that an appeal should not be dismissed solely for procedural omissions in submissions and that the court is obliged to consider the merits of an appeal, irrespective of whether errors are expressly articulated by counsel. This decision reaffirmed the principle that substantive justice must prevail over procedural technicalities, relying on Section 769(2) of the Civil Procedure