Kumarasinghe v. Ratnakumara and Others – sllr 1983 volume 2 page 393

In the case between Kumarasinghe (Plaintiff) and Ratnakumara and others (Defendants), the court addressed whether, under Article 126(2) of the Constitution and Rule 65(1) of the Supreme Court Rules, a petition for infringement of fundamental rights must be supported by an affidavit of the petitioner personally, or whether affidavits of other persons directly aware of the facts suffice. The holding established that the filing of an affidavit by the petitioner personally is not a mandatory requirement; affidavits by those with personal knowledge of the facts are sufficient. This principle reaffirms that the best available evidence is required, rather than a specific formality regarding the identity of the deponent. The decision relied on the interpretation of Rule 65(1) of the Supreme Court

REF: sllr 1983 volume 2 page 393 Category: Tag:
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