Nachchiduwa v. Mansoor – sllr 1995 volume 2 page 273

In Nachchiduwa v. Mansoor, the court addressed whether the petition of appeal was “presented” within the statutory 60-day period under sections 755(3) and 755(4) of the Civil Procedure Code, as amended, notwithstanding administrative delays in filing. The court determined that presentation is satisfied by the act of delivering the petition to the Registrar and the Registrar’s contemporaneous stamping, regardless of subsequent official recording delays. This interpretation clarified that administrative acts by court staff do not prejudice litigants’ statutory rights, reaffirming the procedural principle that filing delays beyond a party’s control should not defeat an otherwise timely appeal. The decision relied on the revised Civil Procedure Code and the Judicature Act, reinforcing the oper

REF: sllr 1995 volume 2 page 273 Category: Tag:
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