P. B. Siyathu Vs. Priyantha Samarasinghe – sllr 1998 volume 3 page 025

In the case between P. B. Siyathu (Plaintiff) and Priyantha Samarasinghe, Attorney-at-Law (on behalf of W. A. Weerawardena) (Defendant), the court addressed the issue of whether an attorney-at-law had fraudulently misled the District Judge by submitting an unstamped amended plaint including an additional property, thereby allegedly securing an erroneous writ of ejectment. It was determined that the process for submitting pleadings and the District Judge’s awareness of the plaint’s contents did not support the allegations of misdirection or fraud. The findings established that, based on the evidence and procedural history, the attorney’s actions did not amount to deceit or malpractice under Section 42(2) of the Judicature Act. The Rule issued against the respondent was discharged, reaffirmi

REF: sllr 1998 volume 3 page 025 Category: Tag:
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