Adoption of previous proceedings - failure to do so - its effect
Criminal Procedure - fair trial - adoption of previous proceedings - failure to do so - Judicature Act, Sec.48 - evaluation of evidence - test of probability - how its assess?
Sec. 86 (2) & 88 of the Civil Procedure - leave to appeal or final appeal - correct application is by way of final appeal
In Barbara Iranganie De Silva and others v. Hewa Waduge Indralatha , the Defendant Respondent made an application under Section 86(2) of the Civil Procedure Code seeking to purge the default. The Plaintiff Appellant objected and the matter was fixed for inquiry. At the end of the inquiry, the District Court delivered Order on 09.05.2014. dismissing the Application to purge the default made by the Defendant Respondent. The Defendant Respondent thereafter filed a “ notice of appeal “ against the said Order of the District Court dated 09.05.2014. She filed a Petition of Appeal (Final Appeal ) seeking to challenge the said Order. The Plaintiff Appellant submitted to the Civil Appellate High Court, whilst the Appeal was pending to be listed for hearing, by way of a Motion dated 06.02.2015 , seeking that the purported Final Appeal of the Defendant Respondent is liable to be rejected and dismissed in limine , having regard to the matters submitted by way of the said motion. The P...
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