Beruwela Holiday Resorts Limited v. Meera Mohideen Abdul Carer – sllr 1994 volume 3 page 177

In the case between BERUWELA HOLIDAY RESORTS LIMITED and MEERA MOHIDEEN ABDUL CADER, the court addressed whether an appeal could be entertained under S.765 of the Civil Procedure Code despite the prescribed time limit where procedural defaults allegedly arose from circumstances beyond the appellant’s control. The court held that, due to unique and exceptional circumstances—including confusion caused by a special sitting for the retiring District Judge amidst civil unrest and miscommunication regarding case announcements—the appellant’s non-compliance was excusable under S.765. The principle reaffirmed is that exceptional situations may warrant acceptance of an appeal after the lapse of time if justified by evidence of circumstances beyond a party’s control. This interpretation relied on th