Kodagoda Sirisena Serasundara vs Kariyawasam Katukolihe Gamage Dyanesius – CA CASE NO. 1423/1999-2016

The case between Kariyawasam Katukolihe Gamage Dyanesius (Plaintiff–Respondent) and Kodagoda Sirisena Serasundara (2B Defendant–Appellant–Petitioner) addressed whether an Attorney-at-Law without a valid proxy can institute a re-listing (restoration) application to revive an abated appeal, especially when a registered Attorney remains on record and has not been removed by lawful means. It was held that, under the Civil Procedure Code, all steps taken by the substitute Attorney in the absence of a valid proxy were unauthorized and void, reaffirming the principle that only a duly appointed Attorney-at-Law with a written proxy may lawfully act for a party in court proceedings. The decision relied on statutory provisions (Sections 24, 25, 27 of the Civil Procedure Code) and governing precedent,