Sanjeewa And Another v. Piyatissa And Another – sllr 2006 volume 1 page 241

The case between Sanjeewa and Another (plaintiffs/respondents) and Piyatissa and Another (defendants/petitioners) addressed whether the defendants were prevented by causes beyond their control from complying with statutory requirements for filing an appeal, despite the lapse of time, under Sections 754, 755, 756, and 765 of the Civil Procedure Code. It was held that the mere oversight or miscalculation by the attorney-at-law does not constitute a cause beyond the party’s control sufficient to permit an appeal after expiration of the prescribed period. The court reaffirmed that express renunciation is a mandatory requirement under the Kandyan Law Declaration and Amendment Ordinance, No. 59 of 1939, for revocation of a deed of gift. Reliance was placed on established precedents (Rakira vs. S