Karunadasa v. Wijesinghe – sllr 1986 volume 1 page 358

In the case between Karunadasa (plaintiff) and Wijesinghe (defendant), the court addressed the issue of whether Section 765 of the Civil Procedure Code—as amended by Laws Nos. 19 and 20 of 1977—applies exclusively to appeals from judgments or is also applicable to appeals from orders as provided in Section 754(2). It was held that the relief envisaged by Section 765 extends to both judgments and orders, not being confined to judgments alone. The holding reaffirmed the principle that the main enactment and provisos must be read together to ascertain legislative intent. The decision relied on a comparative analysis of previous and current statutory provisions, emphasizing that the broad remedial scope of Section 765 includes both types of appeals. The appeal was dismissed and the order of th