Sri Lanka Consolidated Acts

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Supreme Court Appeals (Special Provisions) Act (No. 4 of 1960) - Sect 4

Special provision as to the rejection or dismissal of appeals by the Supreme Court

4.
(1) Subject to the provisions of subsection (2), where an appeal referred to in section 2 or section 3 has been presented to the Court of first instance or the appropriate authority, as the case may be, within the time prescribed by any written law relating to such appeal, the Supreme Court shall not exercise the powers vested in such Court by any written law to reject or dismiss that appeal on the ground only of any error, omission or default on the part of the appellant in complying with the provisions of any written law relating to such appeal, unless material prejudice has been caused thereby to the respondent to such appeal.
(2) The Supreme Court shall, in the case of any appeal referred to in subsection (1), which is not rejected or dismissed by such Court direct the appellant to comply with such directions as the Court may deem necessary for the purpose of rectifying, supplying or making good any error, omission or default so referred to within such time and upon such conditions as may be specified in such directions, and shall reject or dismiss that appeal if the appellant fails to comply with such directions.
(3) In this section, the expression " appellant", in relation to any appeal under any written law, includes any agent of the appellant who is authorized by that law to make such appeal or to represent the appellant at the appeal.


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