Navaratne vs Wadugodapitiya and Others – sllr 2006 volume 1 page 275

In the case between Navaratne (Plaintiff) and Wadugodapitiya and Others (Defendants), the court addressed whether an application for leave to appeal was properly constituted in light of an allegedly defective affidavit. It was held that non-compliance with section 438 of the Civil Procedure Code, due to the plaintiff-petitioner omitting the required signature on the affidavit and instead signing the petition, was a fatal defect. The principle reaffirmed established that statutory requirements for affidavits in appellate proceedings are mandatory and not subject to waiver by explanation of bona fide error. The decision relied upon sections 438, 757, and 759(2) of the Civil Procedure Code, as well as relevant case law, emphasizing strict procedural compliance for validity of applications for