Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 353

Effect of error omission or default in complying with the provisions of this Law

353.
(1) Where there is any error, omission or default in complying with the provisions of this Law relating to the lodging of an appeal, the original court shall, notwithstanding such provisions, forward to the Supreme Court the notice of appeal together with all the papers and proceedings of the case relevant to the judgment appealed against.
(2) Subject to the provisions of section 330, the Supreme Court shall not exercise the powers vested in such court by this Law to reject or dismiss an appeal on the ground only of any error, omission or default on the part of the appellant in complying with the provisions of this Law, unless material prejudice has been caused thereby to the respondent to such appeal.
(3) The Supreme Court shall, in the case of any appeal referred to in subsection (2) which is not reject ed 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.


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