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Notice No. 3/2021

(A) Following the lockdown imposed within the Police Division of Keselwatte from 26th October 2020, the Court of Appeal did not function until the restriction was relaxed on 16th November 2020. Even after recommencement, the Court of Appeal only sat to hear cases designated as urgent by parties and to deliver judgments.  All other cases that had been listed for argument, support, mention or judgment however were not taken up due to the lockdown.

(B) With the lifting of the lockdown on 4th January 2021, it is now possible to reschedule those cases that had been fixed for argument, support, mention or judgment during the period 26th October 2020 – 18th December 2020 but which have so far not been taken up on any other date. The practice adopted in the past has been to mention such cases on a date before the appropriate Division, and re-fix cases on dates convenient to Court and Counsel. However, the said course of action would consume a fair amount of judicial time, and prevent argument and support matters being taken up during the first term of 2021.

(C) Hence, given the extraordinary situation that has arisen, the following procedure would be adopted in respect of all cases that were scheduled to be taken up during the period 26th October 2020 – 18th December 2020, but which have not been taken up during that period.

(C1) All cases fixed for a particular date shall be taken up for the same purpose on another date (the Re-scheduled Date), before the appropriate Division (the New Division), set out in the Schedule to Notice No. 2/2021.

(a) For example, CA (Writ) Application No. 166/2018 which was to be mentioned before Court No. 301 on 26th October 2020 shall now be mentioned on 19th January 2021 before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2018.

(b) Similarly, CA (Writ) Application No. 227/15 which had been fixed for argument before Court No. 206 on 26th October 2020 will stand fixed for argument on 19th January 2021 and will be taken up for argument before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2015.

(C2) However, if the Re-scheduled Date of a case fixed for argument is not convenient to Counsel, the Instructing Attorney / Counsel of such party shall contact the Instructing Attorney / Counsel appearing for the opposing party, agree on a date for argument convenient to both Counsel, preferably within the First Term of 2021, and email to the Deputy Registrar at priyandike@gmail.com a motion containing the agreed date, on or before 18th January 2021. All such cases shall thereafter be listed for argument on the date agreed by the Instructing Attorneys / Counsel. In the event the Instructing Attorneys / Counsel are unable to reach agreement, a motion shall be filed to that effect and such case shall be mentioned on the Re-scheduled Date.

(C3) If any party wishes to have a case mentioned, for whatever reason, prior to the Re-scheduled Date, the Instructing Attorney of such party shall file a motion with notice to the other party, moving that the said matter be mentioned in the appropriate Court on a date five working days after the date of filing of the motion.

(D) The original date and the corresponding Re-scheduled Date are as follows:

Original DateRe-scheduled Date
26th October 202019th January 2021
27th October 202020th January 2021
28th October 202021st January 2021
29th October 202022nd January 2021
02nd November 202027th January 2021
03rd November 202001st February 2021
04th November 202002nd February 2021
05th November 202003rd February 2021
06th November 202008th February 2021
09th November 202009th February 2021
10th November 202010th February 2021
11th November 202011th February 2021
12th November 202012th February 2021
13th November 202015th February 2021
16th November 202016th February 2021
17th November 202017th February 2021
18th November 202018th February 2021
19th November 202019th February 2021
20th November 202022nd February 2021
23rd November 202023rd February 2021
24th November 202024th February 2021
25th November 202025th February 2021
26th November 202001st March 2021
27th November 202002nd March 2021
30th November 202003rd March 2021
01st December 202004th March 2021
02nd December 202005th March 2021
03rd December 202008th March 2021
04th December 202009th March 2021
07th December 202010th March 2021
08th December 202015th March 2021
09th December 202016th March 2021
10th December 202017th March 2021
11th December 202018th March 2021
14th December 202019th March 2021
15th December 202022nd March 2021
16th December 202023rd March 2021
17th December 202024th March 2021
18th December 202025th March 2021

(E) In addition to the above, the cases that were scheduled to be mentioned before Court No. 205 will be mentioned in the New Division on the following dates:

Original DateNext date
24th August 202019th January 2021
28th August 202020th January 2021
02nd September 202021st January 2021
04th September 202022nd January 2021
08th September 202027th January 2021
14th September 202001st February 2021
16th September 202002nd February 2021
17th September 202003rd February 2021
18th September 202008th February 2021
28th September 202009th February 2021
05th October 202010th February 2021
07th October 202011th February 2021
12th October 202012th February 2021
14th October 202015th February 2021
19th October 202016th February 2021

(F) All cases where no date has been fixed will be mentioned in Court No. 301 on 1st February 2021. A notice containing a list of such cases shall be published in the website of the Court of Appeal in due course.

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 8th day of January 2021