Samaranayake v. Meddegewatte – sllr 1991 volume 2 page 415

In the case between Samaranayake and Meddegewatte, the court addressed whether a petition of appeal signed by a party, rather than the registered Attorney-at-Law—owing to the attorney’s incapacitation—complied with Section 755(3) of the Civil Procedure Code. The proceedings examined whether any defect or omission in the signing of the petition invalidates the appeal or amounts to fraud. Upon review of affidavits, the Examiner of Questioned Documents’ report, and submissions regarding the impact and authenticity of the signature, it was determined that the statutory requirements were met. No material prejudice or evidence of fraud was found, and the petition was held proper in law. The judgment reaffirmed that procedural compliance may be satisfied in exceptional circumstances to prevent in