Kamburugamuwe Sumanarathana Thero vs. Milton Mendis – sllr 2006 volume 3 page 031

In the case between Kamburugamuwe Sumanarathana Thero and Milton Mendis, the court addressed the issue of whether failure to give notice under Section 214(1) of the Pradeshiya Sabha Act prior to instituting proceedings is fatal, and if such defect can be remedied by subsequently invoking Section 461(A) of the Civil Procedure Code. It was held that noncompliance with the mandatory notice requirement under Section 214(1) cannot be cured by application of Section 461(A), reaffirming the principle that statutory preconditions for legal action must be strictly observed. This decision relied on the interpretation of the Pradeshiya Sabha Act and the Civil Procedure Code, emphasizing the legislative intent behind notice requirements and limiting the curative scope of Section 461(A).

Wimalachandra