Ulviti Gamage Dhanapala vs The Attorney General – SC APPEAL 2/2017-2017

In the case between Ulviti Gamage Dhanapala (Plaintiff-Respondent) and the Attorney General (Defendant-Appellant), the central issue concerned whether failure to serve the Notice of Appeal on the proper Registered Attorney-at-Law, as required by Section 755(2)(b) of the Civil Procedure Code, materially prejudiced the Plaintiff-Respondent. The court determined that such non-compliance was trivial in the absence of demonstrable material prejudice, thereby affirming that relief under Section 759(2) of the Civil Procedure Code may be granted in suitable cases. The findings relied on statutory interpretation and relevant precedents, emphasizing that procedural lapses not causing actual prejudice need not defeat substantive justice. The earlier dismissal of the appeal by the Civil Appellate High