Wimalasiri and Another vs. Premasiri – sllr 2003 volume 3 page 330

In the case between Wimalasiri and Another (Appellants) and Premasiri (Respondent, later substituted by Chamari Premasiri), the court addressed the validity of a notice of appeal and petition of appeal that erroneously named a deceased respondent. It was determined that such a defect, arising from negligence rather than a permissible mistake, was fatal and rendered the appeal documents void ab initio. The decision confirmed that procedural errors of this nature, especially when involving parties already substituted in the proceedings, cannot be remedied under sections 93, 755(1)(d), 758(1)(c), or 759(2) of the Civil Procedure Code. Reliance was placed on relevant precedents and statutory provisions, emphasizing the strict consequences of procedural non-compliance in appellate practice. The