Pinto v. Trelleborg Lanka (Pvt) Ltd and Another – sllr 2003 volume 3 page 214

The case between Pinto (Plaintiff) and Trelleborg Lanka (Pvt) Ltd and another (Defendant-Respondents) addressed the validity of proxies under section 59(5) of the Civil Procedure Code (as amended by Act No. 14 of 1997), particularly considering translation discrepancies between the Sinhala and English texts. It was held that proxies executed under the company seal were valid, and minor defects, such as absent passport numbers, did not invalidate the proxies where substantial compliance was demonstrated. The decision reaffirmed that, where inconsistencies exist, the Sinhala text prevails under Article 23(1) of the Constitution. The findings established the principle that strict compliance is not required if statutory intent is met and substantial compliance is ensured.

Amaratunga J. — It