Perera v. Perera – sllr 2001 volume 3 page 030

In the case between Perera (Petitioner) and Perera (Respondent), the court addressed the issue of whether failure to file originals or certified copies of material documents in an application for leave to appeal, as mandated by Rule 3(1) of the Supreme Court Rules, 1990 and relevant provisions of the Civil Procedure Code, is fatal to the application. It was held that non-compliance with this procedural requirement is a critical defect which cannot be excused in the absence of satisfactory explanation, thereby requiring dismissal of the application. The principle was reaffirmed that strict adherence to document certification requirements is necessary for the consideration of leave to appeal, relying on precedents such as Kiriwanthe v. Navaratne and prior decisions construing similar rules.

REF: sllr 2001 volume 3 page 030 Category: Tag:
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