Paramanathan and Another v. Kodituwakkuarachchi – sllr 1988 volume 1 page 315

The case between Paramanathan and Kodituwakkuarachchi addressed the issue of whether the District Court’s execution order, including the security deposit order, complied with mandatory procedural rules under the Civil Procedure Code and the Supreme Court Rules. The decision held that the failure to annex the judge’s order and written reasons, as required by Rule 46 and not subsequently rectified under Rule 50, precluded examination on the merits of the petitioners’ applications for revision and leave to appeal. It was determined that strict compliance with procedural requirements was essential, thereby establishing that the petitioners’ applications were fundamentally defective. The decision reaffirmed that adherence to statutory requirements is critical to the exercise of judicial discret

REF: sllr 1988 volume 1 page 315 Category: Tag:
Scroll to Top