Sivaratnam and Others v. Dissanayake and Others – sllr 2004 volume 1 page 144

In the case between Sivarathnam and others (and Riza Muznitor, plaintiff-petitioners) and Dissanayake and others, the issue addressed was whether an affidavit submitted during an interim injunction inquiry constituted an admission that must be recorded at trial, particularly when the defendants’ answer explicitly denied the alleged facts. It was held that, under the Civil Procedure Code and the Evidence Ordinance, an affidavit is considered evidence but cannot compel a recorded admission when the opposing party disputes the facts. The principle was reaffirmed that only facts admitted through the prescribed procedural framework are binding as admissions. The decision relied on legal precedents including Uvais v Punyawathie and Fernando v Samarasekara, emphasizing that the evidentiary value