Ratnayake v. Tikiri Banda And Others – sllr 2006 volume 1 page 107

In the case between Ratnayake and Tikiri Banda and Others, the court addressed the issue of whether a District Judge is empowered to reject a petition of appeal on the ground that the order or judgment appealed against is not appealable. It was determined that if the petition of appeal satisfies the requirements of section 755(3) of the Civil Procedure Code, section 755(4) mandates that the petition must be forwarded to the Court of Appeal with the judge’s opinion, leaving the question of appealability for the appellate court to decide. Reliance was placed on the proper statutory procedure under the Civil Procedure Code, particularly sections 189, 754(4), 755, 755(3), and 839, reaffirming the principle that the District Judge should not assume the appellate role. The outcome directed that