Kiriwanthe and Another v. Navaratne and Another – sllr 1990 volume 2 page 393

In the case between Kiriwanthe and Another (plaintiffs/appellants) and Navaratne and Another (defendants/respondents), the court addressed whether the procedural requirements under Rule 46 had been met and the implications of any failure in disclosing material documents relevant to the application. It was determined that initial findings resulted in dismissal for non-compliance and non-disclosure; however, the ultimate holding mandated that rigid application of technical rules of procedure should not override the power of the court to ensure substantive justice when important documents, even if initially omitted, did not prejudice the opposing party. The principle affirmed is that procedural defaults may be excused where judicial discretion supports consideration on the merits, referencing