Attorney General vs. Dhanapala – sllr 2021 volume 2 page 154

In the case between the Attorney General and Dhanapala, the court addressed whether the Defendant-Appellant’s failure to serve the Notice of Appeal on the current Registered Attorney-at-Law constituted material prejudice to the Plaintiff-Respondent, warranting dismissal of the appeal under sections 755(2)(b) and 759(2) of the Civil Procedure Code. It was determined that, while a procedural error occurred in serving notice to the prior attorney, actual material prejudice was not suffered by the Plaintiff-Respondent, as the current counsel was aware of the appeal proceedings. The holding established that such technical non-compliance, absent demonstrated prejudice, does not justify dismissal, reaffirming the legal principle that procedural requirements exist to ensure fairness rather than to