Mercantile Investments and Finance PLC vs. Officer in Charge, Shanthi Kanagasingam, and David Pradeepan Sasundaranayagam – CA PHC/APN/CPA/159/19-2023

In the case between the Officer in Charge, Criminal Investigation Department, Colombo 01 and Mercantile Investments and Finance PLC, the court addressed the issue of whether the petitioner’s failure to file a counter-affidavit and written submissions within the prescribed timeline under the Court of Appeal (CA) Rules constituted a material defect warranting dismissal of the application. The court held that non-compliance with filing deadlines, while procedurally significant, does not amount to a defect justifying dismissal under the circumstances presented. Instead, the breach warranted a restriction, limiting the petitioner’s oral submissions to 45 minutes at the hearing. This decision reaffirmed the principle that strict adherence to procedural rules promotes the administration of justic