Wijeratne and Another v. Weeratunga – sllr 1999 volume 1 page 332

In Wijeratne and Another v. Weeratungga, the court addressed whether a failure to stamp the proxy filed by the Attorney-General constitutes a fatal defect under the Civil Procedure Code and the Stamp Duty Act. The findings established that insufficient stamping is not per se a ground for disqualification, as the parties must be given an opportunity to supply any deficiency under section 46(2) of the Civil Procedure Code. The filing of the proxy by the Attorney-General was found to amount to an undertaking of defense within the context of section 463, notwithstanding the absence of a specific formal application. The order of the District Court rejecting the plaintiff’s applications, including requests for interim relief and objections to document acceptance, was sustained. The appeal was di