Fernando v. Sybil Fernando and Others – sllr 1997 volume 3 page 001

In the case between Mr. U. E. S. B. Fernando (appellant) and Mrs. Sybil C. M. Fernando, Mr. U. D. S. Fernando, among others (respondents), the court addressed the procedural issue concerning whether a notice of appeal signed by the appellant personally—while a registered attorney’s proxy was on record—constituted a curable defect under the Civil Procedure Code. The court held that the defect was fatal, reiterating the requirement that when a proxy is in force, procedural steps must be executed through the registered attorney. This interpretation was founded on sections 24, 27(1) and (2), 755(1), and 759(2) of the Civil Procedure Code, and relevant precedents, emphasizing the importance of strict procedural compliance to secure substantive appellate rights.

Dr. Amerasinghe J. — The findin