Vithana v. Weerasinghe and Another – sllr 1981 volume 1 page 052

In the case between Vithana (Plaintiff/Appellant) and Weerasinghe and Another (Defendants/Respondents), the court addressed the issue of whether an appeal, in which the petition was filed one day late, could be saved by relief under section 759(2) of the Civil Procedure Code. It was held that such relief is available, clarifying that the omission of reference to section 755 in section 765 was not a drafting error and that section 759(2) provides adequate discretionary relief even where procedural deadlines are narrowly missed. The primary statutory framework considered included sections 754, 755, 759, and 765 of the Civil Procedure Code, with a focus on statutory construction and the scope of remedial provisions. The appellate record was directed to be remitted to the Court of Appeal for f