Dayarathna vs Wijerathna and 2 Others – sllr 2012 volume 2 page 156

In the case between Dayarathna (Plaintiff) and Wijerathna and two others (Defendants), the court addressed the issue of whether a Notice of Appeal must be addressed to the original court of first instance or the Civil Appellate High Court. It was held that a technical defect in the addressing of a Notice of Appeal, where the intention to appeal is clear, should not bar the appeal. The holding reaffirmed the principle that procedural rules must be construed to advance the cause of justice and not defeat substantive rights, even in instances of technical non-compliance. The decision relied on Sections 754, 755, and 759 of the Civil Procedure Code and referenced relevant case law, emphasizing that procedural defects can be cured under Section 759(2) as long as no material prejudice is caused,