ANULAWATHI
V.
WEERASINGHE BANDARA

SUPREME COURT
DR.SHIRANIA. BANDARANAYAKE.CJ.
RATHNAYAKE, PC., J. AND
DEP.PC, J.
S.C.APPEAL NO.192/2011
S.C. (H.C) CA LA NO. 450/2011
SP/HCCA/KAG/336/2007 (F)
D.C. MAWANELLA NO. 538/L
SEPTEMBER 24th ,2012

Civil Procedure Code - S.754(3) - appeal to the Court of Appeal from any original Court shall be lodged by giving notice of appeal to the original Court.

This is an appeal from the Civil Appellate High Court of the Sabaragamuwa Province. By that judgment the Civil Appellate High Court had rejected the Notice of Appeal and the Petition of Appeal filed by the Defendant-Appellant-Appellant. The position taken by the High Court was on the basis that the Notice of Appeal and the Petition of Appeal should have been addressed to the original Court and on that ground the appeal was dismissed.

The Appellant preferred an application for leave to appeal to the Supreme Court against the decision of the Civil Appellate High Court on which leave to appeal was granted by the Supreme Court.

When the appeal was taken for hearing learned Counsel for the Appellant submitted that for a period of well over 100 years the practice had been to p