JUDGMENT

Ravinthran Paramaguru JC:

[1] This is an appeal against the decision of the learned Sessions Court judge who dismissed the appellants' application to set aside a default interlocutory judgment in respect of liability in a personal injury case.

Preliminary Objection

[2] At the outset of the appeal, counsel for respondent said that the appeal was filed under O. 49 r. 2 instead of O. 49 r. 6 of the Subordinate Rules 1980 and should therefore be struck out. Order 49 r. 6 is applicable for appeals from non-trial matters in the lower Court. The instant appeal is against the decision of the Sessions Court judge to dismiss an application to set aside a judgment in default. Therefore counsel for respondent is right to submit that the appeal was wrongly filed under O. 49 r. 2 which is in respect of decisions after a trial. He cited some authorities to argue that the appeal should be struck out. The failure of the appellant to proceed under the correct rule in this appeal is, in my opinion, a matter of mere technical non-compliance which did not cause any miscarriage of justice. It also did not cause a lengthy delay or disruption to the appeal process. The delay in filing the Appeal