W.A. Fernando v. W. Francis Fernando – SC APPEAL NO. 81/09-2010

In the case between W.A. Fernando, W.J.E. Fernando, W.R. Fernando, W.J.W. Fernando (substituted Plaintiff-Appellants, including “Milan Christina/Nuwan”) and W. Francis Fernando and Dona Mary Jeanette Muriel Francis (Defendant Respondents/Appellants, including “Sameera”), the court addressed whether a failure by the Appellants to serve their written submissions on the Respondents in accordance with Rule 30(6) of the Supreme Court Rules 1990 constituted a lack of due diligence as required under Rule 34. After reviewing the preliminary objection regarding non-service, the court examined the mandatory provisions of Rule 30, analyzed relevant precedent such as Muthappan Chettiar, Priyani de Soyza v. Arsacularatne, and Union Apparels (Pvt) Ltd. v. Director General of Customs, and considered whet