Pandigamage Podinona vs M.H.M. Suweyal – SC APPEAL NO. 92A/2008-2017

In the case between Pandigamage Podinona (Plaintiff/Respondent, including substituted respondents from No.44, Kandy Road, Medawachchiya) and M. H. M. Suweyal (Defendant/Appellant), the court examined whether an appellate court may dismiss an appeal solely due to the non-appearance of the appellant on the calling date without giving consideration to the merits, particularly in view of the mandatory provisions contained in Section 769 of the Civil Procedure Code. It was held that dismissal of an appeal without proper consideration of its merits contravenes the requirements of Section 769. This determination relied on statutory provisions and relevant case law precedent, underscoring the necessity that appellate courts exercise judicial discretion by evaluating the merits before dismissing ap