Felix Premawardane v. Basnayake and Others – sllr 2005 volume 3 page 205

In the case between Felix Premawardane and Basnayake and Others, the court addressed the issue of whether the plaintiff-petitioner’s failure to publish notice as directed under Section 16 of the Civil Procedure Code, despite prior court permission and before the commencement of trial, constituted a fatal irregularity, and whether the District Judge erred in refusing a renewed application to comply with the initial order. It was held that the omission was not fatal given that the trial had not started and that the District Judge’s refusal was improper. The decision reaffirmed the principle that procedural lapses may be regularized where no substantial prejudice results and important procedural steps may be completed if the proceedings are still at a preliminary stage. The holding relied on