Gamini Lakshman Peiris vs Nihal Sri Amerasekera – sllr 1999 volume 1 page 118

The case between Gamini Lakshman Peiris (plaintiff-respondent) and Nihal Sri Amerasekera (defendant-petitioner) addressed the issue of compliance with procedural requirements for discovery of documents under sections 102, 108, and 109 of the Civil Procedure Code in a defamation suit. It was determined that the District Judge erred in striking out the defendant’s answer and proceeding ex parte on the basis of non-compliance with a discovery order, as the statutory scheme allows for judicial discretion and necessitates adequate consideration of objections and the punitive nature of striking out a defense. The legal principle reaffirmed is that discovery orders and related sanctions under the Civil Procedure Code must be exercised in conformity with proper judicial discretion and fairness. Th