Nihal Sri Amerasekera v. Gamini Lakshman Peiris – sllr 2001 volume 1 page 417

In the case between Nihal Sri Amerasekera (Plaintiff) and Gamini Lakshman Peiris (Defendant), the court addressed whether, under Section 108 of the Civil Procedure Code, the District Judge was correct in determining that preliminary issues—specifically non-disclosure of a cause of action and prescription—ought to be decided prior to considering the plaintiff-petitioner’s application for interrogatories and discovery of documents. It was held that the sequencing of preliminary issues before discovery applications is within the discretion provided to the District Judge by Section 108. This principle underscores that trial judges are not constrained by technicalities and may prioritize preliminary matters where they are determinative of the necessity for discovery. The decision reinforced jud