Clifford Ratwatte v. Thilanga Sumathipala and Others – sllr 2001 volume 2 page 055

The case between Clifford Ratwatte and Thilanga Sumathipala and Others addressed the validity of an affidavit filed in support of an application for leave to appeal, focusing on compliance with Section 757(1) of the Civil Procedure Code. It was held that a discrepancy between the deponent’s statement of making an oath as a Christian and the jurat clause recording affirmation constituted a fundamental procedural defect. This principle reaffirmed strict adherence to statutory requirements for affidavits, relying on the Civil Procedure Code while emphasizing that defects apparent on the face of such documents cannot be cured by subsequent explanation. The refusal of the application with costs underscored the necessity for precision and consistency in the execution of affidavits for judicial p