COURT OF APPEAL - RULES
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THE COURT OF APPEAL
(APPELLATE PROCEDURE) RULES 1990
THE COURT OF APPEAL
(MEDIATION IN APPEAL) RULES 1990
THE MAINTENANCE OF
RECORDS AND PREPARATION OF APPEAL BRIEFS RULES 1990
published in the
Gazette of the Democratic Socialist Republic of Sri Lanka
(EXTRAORDINARY)
No. 645/4 – TUESDAY,
JANUARY 15, 1991
The Court of Appeal (Appellate Procedure) Rules 1990
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
RULES made under Article 136 of the Constitution of the Democratic Socialist Republic of Sri Lanka by the Chief Justice and the other Judges of the Supreme Court nominated by him under that Article.
K. A. P. Ranasinghe, Chief Justice
G. P. S. de Silva, Judge of the Supreme Court
Jameel, Judge of the Supreme Court
Mark D. H. Fernando, Judge of the Supreme Court
Colombo, 13th November, 1990.
These rules may be cited as the Court of Appeal (Appellate Procedure) Rules, 1990, and shall come into force on such date as may be appointed by Chief Justice by Notification published in the Gazette. Different dates may be appointed in respect of different Parts of these rules.
PART I
GRANT OF INTERIM RELIEF
BY COURT OF APPEAL
(1) Every application for a stay order, interim injunction or other interim relief (hereinafter referred to as “interim relief”) shall be made with notice to the adverse parties or respondents (hereinafter in this rule referred to as “the respondents”) that the applicant intends to apply for such interim relief; such notice shall set out the date on which the applicant intends to support such application, and shall be accompanied by a copy of the application and the documents annexed thereto:
Provided that:
(a) Interim relief may
be granted although such notice has not been given to some or all of the
respondents if the Court is satisfied that there has been no unreasonable delay
on the part of the applicant and that the matter is of such urgency that the applicant
could not reasonably have given such notice;
(b) In such event the Court may in its discretion grant interim relief for such period as it considers reasonable to enable the respondent concerned to be heard and may make such further order as it considers just and equitable in the circumstances of each case.
(2) The grant of interim relief shall not operate as a stay of proceedings in any Court, tribunal or other authority unless the Court of Appeal expressly so orders.
(3) Any order for interim relief shall be forthwith communicated by the Registrar to the persons, and the court or tribunal concerned.
(4) The provisions of the preceding sub-rules shall apply to every application for the extension of an order for interim relief.
(5) The Court may, in order to avoid or to mitigate hardship or possible injury to any respondent, in order to ensure interim relief or by a subsequent order (made ex mero motu upon the application or respondent concerned)—
(a) limit the period of
operation of such order for interim relief; and
(b) require the applicant to furnish forthwith or within a specified period security for the due performance of any order that may be made against him by reason of such interim relief, including any loss or damage which may be suffered by any respondent and if the Court thinks fit, direct that such interim relief shall not be operative until such security is furnished; and
(c) impose such other terms and conditions as it thinks just.
(6) An order for interim relief made by one Judge may be varied or set aside by the same or another bench of Judges, as the case may be, of the Court. The failure to comply with any order for interim relief shall constitute contempt of the authority of the Court.
(7) An application for interim relief or for the modification or rescission thereof shall not be made except by way of an application in writing supported by affidavit.
(8) The Court may direct the parties to file written submissions in respect of any matter relating to an order for interim relief, whether at an ex parte discussion variation or otherwise and may thereupon deal with and determine such matter upon a consideration of such written submissions alone.
(5) Every respondent who lodges a statement of objections, and every party who files any supporting affidavit, shall forthwith serve a copy thereof together with any supporting affidavits on every other party (other than a party who may not be entitled to receive the same).
(6) Where a party files any statement of objections, or tender affidavit, he shall lodge in court two sets of copies of the petition, or statement of objections, or counter affidavit, as the case may be, including any supporting affidavits and exhibits.
(7) Without prejudice to the generality of the power of the Court, amends to pleadings, or to file additional pleadings, affidavits or other documents, within two weeks of the grant of such amendment, the Court before which the appeal or application is pending may order that such amended pleadings or additional pleadings, affidavits or other documents be filed and served.
(8) Where the Court orders the deposit of any sum of money as security, such sum will be deposited in such manner and within such time as may be directed by the Court.
(9) When an order or notice is required to be served on any party, such service shall be effected by registered post.
(10) All notices tendered to the Registrar, whether issued or re-issued, where necessary, shall contain the names and addresses of all parties (including intervenient petitioners and substituted parties), and shall be tendered in sufficient number of copies for service on each such party. The Registrar shall endorse or affix on each copy the seal of Court and shall deliver the same to the petitioner or his registered attorney for service.
(11) Any motion for substituted service by any party, shall be supported by affidavit. Where such service is ordered, the order shall specify the mode of service, and shall be dealt with by a single Judge in Chambers.
(12) It shall be the duty of the petitioner to take such steps as may be necessary to ensure the prompt service of notice, and to prosecute his application with due diligence.
(13) Where the parties fail to comply with the requirements set out in the preceding rules, the Registrar shall without any delay, list such application for an Order of Court.
(14) These rules shall also apply, mutatis mutandis, to applications made to the Court under any provision of law, other than Articles 138, 140 and 141 of the Constitution, subject to any directions as may be given by the Court in any particular case.
(15) Every notice under sub rule (14) of this rule shall be substantially in the following form:
IN THE COURT OF APPEAL OF THE REPUBLIC OF SRI LANKA
C. A. Application No. of 19...
[Number, name and
address of respondent(s)]
WHEREAS upon consideration of this application (a copy of which is annexed) the Court on .......... ordered notice be issued on you to enable you to show cause why the prayer of the petitioner should not be allowed;
AND WHEREAS the Court further ordered that the issue of notice shall not have the effect of staying the proceedings or operation of the order complained of, but that no terms of any order granting interim relief.
Therefore, in terms of Rule 3 (14) of the Court of Appeal (Appellate Procedure) Rules, 1990:
(a) You are required to lodge your statement of objections, or such other statement, if any, within four weeks of the date of service of this notice;
(b) The Petitioner is required to file his counter-affidavit, if any, on or before ......... (OR within four weeks of the date of receipt of the statement of objections); and
(c) The application will be taken up for hearing on ............
By order of the Court of Appeal,
Registrar/Deputy/Assistant
Registrar.
*Note: Rule 3 (4) (c)
provides as follows: [reproduce the text of Rule 3 (4) (c)]
PART III
WRITTEN SUBMISSIONS IN
THE COURT OF APPEAL
(a) a chronological
statement of the relevant facts, referring to the evidence, both oral and
documentary, (and wherever possible the page of the brief or record at which
such evidence appears), indicating which of such facts are admitted and have
been established, which of such facts are in dispute, and which facts are
disputed;
(b) the questions of
law or the matters which are in issue in the appeal or application;
(c) an appreciation of
the errors alleged to have been committed by the Court or tribunal in respect
of the judgment or order under appeal, in so far as each such error has been
raised, with reference to each such question of law or matter in issue; the citations
or references to the authorities, text books, and subordinate legislation
relied on; the submissions made in relation thereto by the parties, and the
reasoning of the Court or tribunal in respect thereof, stating whether such
authorities or submissions were relied on or considered by the Court or
tribunal, and if not, why not;
(d) a conclusion
specifying the relief which the appellant or petitioner claims.
(a) matters in reply to
the appellant’s or petitioner’s statement of facts, confirming or modifying it
to the extent it is agreed with, and in so far as it is not agreed with,
setting out the respondent’s version of the relevant facts, referring to the evidence,
both oral and documentary...
(b) in relation to each
such question of law or matter in issue the submissions or references to the
authorities (including judicial decisions, text books, statutes and subordinate
legislation) relied on for the dismissal of the appeal or application or to
justify the affirmation of the judgment or order (or any part thereof) to which
the appeal or application relates; and
(a) during the pendency
of such appeal such submissions on behalf of such party at the hearing of such
appeal or application would be confined to a period of not more than one hour;
and
(b) such party notifies
the Court and the other parties that he has not filed such submissions, not
less than two weeks before the date first fixed for the hearing of an appeal or
application; and
(c) the appellant or
application does not raise such questions or matters as may be specified by the
Chief Justice from time to time by direction.
PART IV
APPLICATIONS TO WHICH
PUBLIC OFFICERS ARE RESPONDENTS
5. (1) This rule shall apply to applications made under Articles 140 and 141 of the Constitution in which a public officer has been made a respondent in his official capacity, (whether or not another person has been made a respondent in his personal capacity).
(2) A public officer made respondent in his official capacity may be described by his official designation and not by name, and if so described it shall not be necessary to state that such officer is made respondent in his official capacity, but the application shall not be dismissed by reason only of the misdescription of such officer.
(3) No such application shall be dismissed on account of any omission, defect or irregularity in regard to the name, designation, description or address of such respondent, if the Court is satisfied that such officer has been sufficiently identified in the application, and has not been misled or prejudiced by such omission, defect or irregularity. The Court may make such order as may be necessary to amend or for amendment of pleadings, affidavits, or further notices, or costs, or otherwise, in respect of any such omission, defect or irregularity.
(4) (a) In respect of an appeal or application against a public officer, who has ceased to hold office or has thereafter ceased to hold such office, such application may be made or continued against his successor, for the time being in office. Such successor may be described in the petition of appeal or application, either by his official designation, or in terms of sub-rule (2).
(b) In respect of an
appeal or application against a public officer, who has been made a respondent
in his official capacity, such successor shall be deemed to be a party to such
appeal or application, and may be described by his official designation, or by
his name and official designation, or as the successor in office to the person
made a respondent, and may be substituted, where necessary, in place of such
person, by order of Court, either upon or without an application in that
behalf, and whether such person ceased to hold office before or after such
appeal or application was filed.
(5) The provisions of sub-rules (4), (5) and (6) shall apply to an application under Article 140 or 141, filed before such date as may be specified by the Chief Justice by direction, against a public officer, in respect of an act or omission in his official capacity, even if such public officer is described in the caption both by name and by reference to his official designation.
(6) Nothing in this rule shall be construed as imposing any personal liability upon a public officer in respect of the act or omission of any predecessor in office.
(7) In this rule, “ceases to hold office” means “dies, or retires or resigns from, or in any other manner ceases to hold, office.”
PART V
POSTPONEMENTS
Provided that nothing herein contained shall prejudice or affect the discretion of the Court of Appeal or of any Judge thereof to grant or refuse any adjournment or postponement in any other case on any ground.
The Maintenance of Records and Preparation of Appeal Briefs Rules 1990
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Rules made under
Article 136 of the Constitution of the Democratic Socialist Republic of Sri
Lanka by the Chief Justice and the other Judges of the Supreme Court nominated
by him under that Article.
K. A. P. Ranasinghe, Chief Justice
G. P. S. de Silva, Judge of the Supreme Court
Jameel, Judge of the Supreme Court
Mark D. H. Fernando,
Judge of the Supreme Court
Colombo, 13th November,
1990.
These rules may be
cited as the Maintenance of Records and Preparation of Appeal Briefs Rules,
1990, and shall come into force on such date as may be appointed by the Chief
Justice by Notification published in the Gazette.
2. For the purpose of
ensuring uniformity and efficiency in regard to the maintenance of the records
of courts of first instance and tribunals (hereinafter referred to as
“courts”), and for the preparation of briefs in respect of appeals preferred to
the Court of Appeal, the Chief Justice may from time to time give directions as
to such matters, the manner in which such records, or any category thereof,
shall be maintained.
The Court of Appeal (Assigned Counsel) Rules 1991
Published in the Gazette of the Democratic Socialist Republic of Sri Lanka
EXTRAORDINARY No. 677/7
– WEDNESDAY, JULY 24, 1991
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The High Court (Admiralty Jurisdiction) Rules 1991
The Court of Appeal (Mediation in Appeals) Rules 1990
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
RULES made under Article 136 of the Constitution of the Democratic Socialist Republic of Sri Lanka by the Chief Justice and the other Judges of the Supreme Court nominated by him under that Article.
K. A. P. Ranasinghe, Chief Justice
G. P. S. de Silva, Judge of the Supreme Court
Jameel, Judge of the Supreme Court
Mark D. H. Fernando, Judge of the Supreme Court
Colombo, 13th November, 1990.
These rules may be cited as the Court of Appeal (Mediation in Appeals) Rules, 1990, and shall come into force on such date as may be appointed by the Chief Justice (hereinafter referred to as “the appointed date”) by Notification published in the Gazette.
2. (1) These rules shall apply to—
(a) all appeals
preferred, after the appointed date, to the Court of Appeal from such courts of
first instance and in respect of such categories of appeals to which these
rules apply, as may be determined by the Chief Justice from time to time;
(b) all appeals
preferred before the appointed date, to the Court of Appeal from such courts
established for such areas, and in respect of such categories of appeals to
which these rules apply, as may be determined by the Chief Justice from time to
time;
(2) The Chief Justice may, from time to time, by order published in the Gazette, specify the courts and categories of cases to which these rules shall apply, and different courts and categories of cases may be so specified from time to time.
3. (1) The President of the Court of Appeal may, in consultation with the Chief Justice, nominate one or more Judges of the Court of Appeal as Mediator to mediate in respect of any appeal or class of appeals to which these rules apply.
(2) Where an appeal to which these rules apply has been preferred, the Registrar of the Court of Appeal shall fix a date for the filing of written submissions by the parties in respect of such appeal and refer such appeal to the Mediator nominated under rule 3 (1).
(3) On behalf of the Mediator nominated in respect of such appeal, the Registrar of the Court of Appeal shall give notice to the parties specifying the date, place and time fixed for the reference of such appeal to such Mediator.
(4) For the purposes of these rules the same meaning as in section 753 of the Civil Procedure Code.
The
Court of Appeal (Procedure for Appeals from High Courts) Rules 1988
Published in the Gazette of the Democratic Socialist Republic of Sri Lanka (Extraordinary)
No. 533/13 – MONDAY,
APRIL 18, 1988
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
RULES made under Article 136 of the Constitution of the Democratic Socialist Republic of Sri Lanka by the Chief Justice and the other Judges of the Supreme Court nominated by him under that Article.
Suppiah Sharvananda, Chief Justice
Parinda Ranasinghe, Judge of the Supreme Court
H. A. G. de Silva, Judge of the Supreme Court
G. P. S. de Silva, Judge of the Supreme Court
Colombo, 18th April, 1988.
These rules may be cited as the Court of Appeal (Procedure for Appeals from High Courts) Rules, 1988, and shall come into force on such date as the Chief Justice may appoint by order published in the Gazette.
2. These rules shall apply to every appeal to the Court of Appeal from any judgment, order or sentence of a High Court in the exercise of its appellate or original jurisdiction in any matter, whether civil or criminal.
3. (1) Every such appeal shall be lodged by lodging a petition of appeal at the Registry of the High Court within a period of fourteen days from the date when the judgment, order or sentence appealed from was pronounced.
(a) the record of the
case;
(b) one certified copy
of the judgment, order or sentence appealed from;
(c) one certified copy
of the petition of appeal;
(d) one certified copy
of any notes of evidence made by the Judge of the High Court;
(e) such other
documents as may be necessary to the hearing and determination of the appeal.
(a) the name of the
Court from which the appeal is preferred;
(b) the date of the
judgment, order or sentence appealed from;
(c) the names and
addresses of the parties to the case and their Attorneys-at-Law;
(d) the grounds of
appeal; and
(e) the relief claimed.
6. The Registrar of the Court of Appeal shall cause notice of appeal to be served on the respondent or respondents together with a copy of the petition of appeal.
7. (1) Every appellant shall, within fourteen days of the service on him of the notice of the date fixed for the hearing of the appeal, lodge in Court six copies of his written submissions and shall forthwith serve a copy thereof on every respondent.
(2) Every respondent shall, within fourteen days of the service on him of the appellant’s written submissions, lodge in Court six copies of his written submissions, and shall forthwith serve a copy thereof on the appellant and on every other respondent.
(3) The written submissions shall contain—
(a) a concise statement
of the facts;
(b) the questions of
law involved;
(c) the submissions of
the party tendering the written submissions, citing such authorities, including
case law, text books, statutes and subordinate legislation, relied on;
(d) the relief sought.
8. Where a party fails to lodge his written submissions within the time prescribed by these rules, the Court may refuse to allow him to be heard in support of his case.
9. On the day fixed for the hearing of the appeal, or on any other day to which the hearing may be adjourned, the Court shall hear the submissions of the parties (if any), and shall thereafter pronounce its judgment either at once or on some future date.
10. On the date fixed for the pronouncement of judgment, the judgment of the Court shall be read, or the substance thereof explained, in open Court.
11. The Court shall pronounce judgment in open Court after hearing such submissions, if any, as may be made by the parties.
12. The judgment of the Court shall be reduced to writing, signed and dated by the Judges of the Court, and shall be filed of record in the Registry of the Court.
13. Copies of the judgment shall be issued to the parties on application made in that behalf to the Registrar of the Court of Appeal.
14. The Court of Appeal may, for sufficient cause shown, enlarge or abridge the time prescribed by these rules, or may, on such terms as it may think fit, condone the non-compliance with any of the provisions of these rules.
15. In these rules, unless the context otherwise requires—
“appellant” includes a
petitioner in revision or any person who prefers an appeal to the Court of
Appeal;
“respondent” includes
any person on whom notice of appeal has been served;
“judgment” includes any
order or sentence.
SCHEDULE
(Rule 3(2))
Form of Petition of
Appeal
IN THE HIGH COURT OF
THE REPUBLIC OF SRI LANKA
Holden at ……………………..
Case No: ……………………..
Between
…………………………………………………………..
……………….. Appellant
and
………………………………………………………….. ……………….. Respondent(s)
Petition of Appeal
The abovenamed
appellant states that he is dissatisfied with the judgment/order/sentence
pronounced by this Honourable Court on the ………… day of ……………… 19…… and appeals
against the same on the following grounds:
1. ……………………………………………………………………………………………
2. ……………………………………………………………………………………………
3. ……………………………………………………………………………………………
The appellant further
states that he seeks the following relief:
(a)
…………………………………………………………………………………………
(b) …………………………………………………………………………………………
(c) …………………………………………………………………………………………
The appellant therefore
prays that this Honourable Court be pleased to:
(i) set
aside/alter/vary the said judgment/order/sentence;
(ii) grant such other and further relief as to this Honourable Court shall seem
meet.
Dated this ………… day of
……………… 19……
——————————————
Appellant/Attorney-at-Law for the Appellant
To:
The Registrar,
High Court of the Republic of Sri Lanka,
Holden at …………………………
Notes:
1. Grounds
of appeal must be distinctly specified.
2. Relief
claimed must be clearly set out.
3. The
petition of appeal shall be signed by the appellant or his Attorney-at-Law.
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