Kusumalatha and Another vs Swarnakanthi and Others – sllr 2019 volume 3 page 158

In the case between G.M. Kusumalatha and P.G.D.J. Samarawickrama (petitioners) and H.M. Sriya Swarnakanthi, H.M. Piyadasa Gunathilake, and W.A. Sudath Vijitha Weerakkody (respondents), the court addressed whether a Magistrate’s failure to attempt settlement proceedings under section 66(6) of the Primary Courts’ Procedure Act invalidated a possessory order in the absence of a timely objection. It was determined that such a procedural omission constitutes a directory rather than a mandatory requirement and may be waived if not raised contemporaneously during the proceedings. The appellate decision set aside the High Court’s order, restoring the original Magistrate’s order in favor of the petitioners, reaffirming the principle that objections to procedural noncompliance must be promptly raise