Pathma Abeywickrema vs. Jeevani and Others – sllr 2012 volume 1 page 393

In the case between Pathma Abeywickrema (Plaintiff) and Jeevani and Others (Defendants), the court addressed whether the order issued by the High Court on 6.4.2000 constituted a final order or remained interlocutory, and whether an appeal was permissible against such an order. It was established that the challenged order did not fully resolve the parties’ substantive rights and was not final, therefore precluding an appeal under the Civil Procedure Code. The court relied on established legal tests and precedents, including Siriwardena v. Air Ceylon Ltd and other authorities, to clarify the distinction between final and interlocutory orders. The outcome reaffirmed that appeals do not lie against orders that do not conclusively determine the rights of the parties.

Sisira de Abrew J. — The