Llnganathan And Another v. Jafferjee – sllr 2006 volume 1 page 353

In Linganathan and Another v. Jafferjee and Others, the court addressed whether an order dated 07.05.2004, issued under Section 88(2) of the Civil Procedure Code following dismissal for default appearance, is subject to direct appeal or requires a leave to appeal application. It was determined that an appeal lies as of right from such an order, and the leave to appeal procedure is inapplicable. The findings established that the plaintiff-petitioners’ application for leave to appeal was misconceived within the proper construction of Sections 87 and 88 of the Civil Procedure Code. Precedent, including A. S. Sangarapillai and Brother v. Kathiravelu and Wijeyanayake v. Wijenayake, was cited to reaffirm this interpretation. The application was dismissed with an award of costs.

Andrew Somawansa