MUKUNTHAN

VS.

PLEXUS COTTON LTD

SUPREME COURT
JAYASURIYA, C.J.
MALALGODA, J.
FERNANDO, J.
SC/SPL/LA/27/2012
CA/REVISION/1865/05
DC COLOMBO 6375/SPL
JUNE 12, 2019

Supreme Court Rules 1990, Rule 8(3)-Non-compliance-Automatic dismissal-Discretion of the court

Non-compliance with Rule 8(3) of the Supreme Court Rules 1990 does not result in the automatic dismissal of the application. The court has the discretion to decide based on the facts and circumstances of each case.

Cases referred to :

1. Woodman Exports (Pvt) Ltd v. Commissioner General of Labour and others [2012] BLR 238

2. A.H.M. Fowzie and two others v. Vehicle Lanka (Pvt) Ltd [2008] 1 Sri LR 23

3. Sudath Rohana and another v. Mohammed Cassim Mohammed Zeena and another [2011] BLR 277

4. Tissa Attanayake v. Commissioner General of Elections and others [2011] 1 Sri LR 220

5. Samantha Niroshana v. Senarath Abeyruwan (SC/SPL/LA 145/2006, SC Minutes of 02.08.2007)

6. Attorney General v. Dr. Shirani Bandaranayake and others (SC/ APPEAL/67/2013, SC Minutes of 28.06.2013)

7. Udaya Shantha v. Jeewan Kumaratunga and others [2012] BLR 129

8. Colombo Business School Ltd v. Sri Lanka Tea Board