Surendra Das vs G. Jeevananthan David et al. – SC APPEAL NO. 109/2009-2012

In the case between Surendra Das (and Epic Designers (VN) Limited, represented by T.S.U. Das) and G. Jeevananthan David, P.E.A. Jayawickrama (as liquidators of Perfect Fit International (Private) Limited) alongside Perfect Fit International (Private) Limited, the court addressed the issue of whether the Court of Appeal (Appellate Procedure) Rules, 1990, apply to Leave to Appeal applications filed under Articles 138, 140, and 141 of the Constitution, or whether such applications are governed only by Sections 757 and 758 of the Civil Procedure Code. It was held that the procedures for Leave to Appeal are regulated under the Civil Procedure Code rather than the Court of Appeal Rules. The findings relied on prior precedents, statutory interpretation principles (including “inclusio unius exclus