Nirmala De Mel v. Seneviratne and Others – sllr 1982 volume 2 page 569

In the case between Nirmala de Mel (substituted respondent-appellant) and Seneviratne and others (petitioner-respondent), the court addressed the computation of time for filing an appeal following the death and substitution of a party under the Supreme Court Rules, and the evidential burden in establishing tenancy rights without a formal agreement. It was determined that, due to the absence of explicit guidance in the Supreme Court Rules, a petition of appeal filed on the next working day after a deadline falling on a non-working day is regular and acceptable. The principle emphasized that procedural fairness requires accommodation for court closures when computing statutory time limits, and that the party asserting the existence of a new tenancy bears the burden of proving such. The judgm