Jayasekera vs Jansz – clr volume 2 page 025

The case between Jayasekera (Plaintiff) and Jansz (Defendant) addressed the issue of whether an appeal filed within the prescribed period could be accepted without the provision of security when the requirement had been waived by the plaintiff’s proctor, despite the Registrar’s refusal based on an erroneous interpretation of the Civil Procedure Code. It was held that a valid waiver of security by a respondent allowed the court to accept an appeal without security, and any contrary action by the Registrar was not supported by the statutory framework. This decision reaffirmed the principle that procedural requirements meant for the benefit of parties may be duly waived by those parties, particularly when the law provides such latitude. The judgment relied on the Civil Procedure Code and clar