Legal Services and Laws of Sri Lanka


SLR-1990 Vol.2-P420

SLR - 1990 Vol.2, Page No - 420

ALL CEYLON MATCH

WORKERS UNION

v.

JAUFFER HASSAN AND OTHERS
SUPREME COURT,

AMERASINGHE. J ,

DHEERARATNE ,J.,

GOONEWARDENE, J.

S C. APPEAL No. 35/90,

NOVEMBER 13, 1990.

Appeal - Written Submissions - Compliance with Rule 35 (b) of the Supreme Court - Petitioner ceasing to exist -Article134
of the Constitution.

Failure by the petitioner to file written submissions in compliance with Rule 35 (b)oftheSupremeCourtwillbarthe
petitioner from being heard.
Semble :
Where the petitioner has ceased to exist the Court is precluded in terms of Article 134 of the Constitutionfromproceeding
with the appeal.
Preliminary objection to hearing of appeal.
R. Weerakoon for petitioner.
Lakshman Kadiragamar with Harsha Cabraal for 4th respondent.
November 13, 1990
AMERASINGHE, J.
Mr. Kadiragamar has brought to our notice that the petitioner has not filedanywrittensubmissionsandthattherehas
therefore been a failure on the part of the petitioner to comply with Rule 35 (b) of the SupremeCourtRulesof1975.He
objects to the hearing of the petitioner on that ground.
In view of the decisions of this Court in S.C. Appeal No. 20/ 82 - D.C. Colombo B-505 S.C.Minutesof17.1.1983andS.C.
Appeal No. 53/87, S.C. Special leave to appeal 171/86 - C.A. 337/ 79 - 21698/P.D.C. Kegalle, S.C. Minutesof26.05.1988,1
uphold the objection.
Further, Counsel for the appellant brought to our notice that sincethepetitionerhasceasedtoexistthisCourtis
precluded in terms of Article 134 of the Constitution from proceeding with this matter.
For these reasons the appeal is dismissed without costs.

DHEERARATNE, J. - I agree.

GOONEWARDENE, J. - I agree.

Appeal dismissed.


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