Nigamuni Sujith Chandralal Mendis v. Kombu Udalawathi and Others – CA CASE NO. 1285/1996-2016

In the case between Nigamuni Sujith Chandralal Mendis (Substituted Plaintiff-Respondent) and Lloyed Mendis Wickramarathne (74th A Defendant–Appellant), along with 95A and 95A2 Defendant-Respondents, the court addressed whether an appeal is maintainable when the petition of appeal is signed but does not bear the written name of the registered attorney-at-law, under Section 755 of the Civil Procedure Code. It was held that the omission of the attorney’s name, where the identity is otherwise ascertainable and no prejudice is caused, constitutes a procedural irregularity rather than a fatal defect. The principle reaffirmed is that procedural requirements should be construed to promote substantive justice and not impede it due to technical deficiencies. The decision emphasized that the liberal