R.M.B.G. Heenbanda Vs. N. S. Senadheera and others – CA PHC 0117/2018-2025

In the matter of R.M.B.G. Heenbanda and Pujapitiya Multipurpose Co-operative Society Ltd., the court addressed the *vires* of Rule 49(xii)(a) of the Co-operative Societies Regulations 1973 concerning the mandatory security deposit for appeals against arbitral awards. The court held that Rule 49(xii)(a) is *intra vires*, reaffirming the principle that observations in *Sebastian Fernando v. Katana Multi-purpose Co-operative Society* were *obiter dicta*, while *Weerakkody Pathirennehelage Somarathne v. D.D. Premachandra* established *judicial dicta* on the rule’s validity. This decision relied on the application of *judicial dicta* and the doctrine of approbation and reprobation, emphasizing that partial compliance with a rule precludes subsequent challenge to its validity.

K. M. S. DISSAN