Anushka Wethasinghe v. Nimal Weerakkody and Others – sllr 1981 volume 2 page 423

In the case between Anushka Wethasinghe (Plaintiff) and Nimal Weerakkody and others (Defendants), the court addressed whether leave to appeal should be granted from an incidental order made in the course of summary procedure concerning a request for an injunction and damages. The court held that leave to appeal should be granted where the procedural order touches the root of the case, reaffirming the principle that premature determination of fundamental procedural defects can prevent unnecessary retrials and protect the parties’ substantive rights. This decision relied on relevant case law, including decisions such as Fernando v. Fernando and Balasubramaniam v. Valliappar Chettiar, emphasizing the importance of addressing significant procedural irregularities at an early stage to avoid inj