Nandawathie v. Jinasoma – sllr 2005 volume 3 page 275

The case between Nandawathie (Plaintiff) and Jinasoma (Defendant) addressed the admissibility of a document not listed as required under section 121 of the Civil Procedure Code and the exercise of judicial discretion under section 175(2) concerning evidentiary matters. The central holding established that delay or failure to list a crucial document should not preclude its admission if its contents are material to the resolution of property disputes and the ascertainment of truth. The decision reaffirmed that the interests of justice and the purpose of evidence, namely to establish or challenge facts, must guide the exercise of discretion in admitting documentary evidence, relying on relevant statutory provisions and the precedent in Kandiah vs. Visvanadan. It was underscored that the lower