Abeygunawardena v. Podi Mahathmaa And Another – sllr 2006 volume 1 page 318

In the case between Abeygunawardena (plaintiff-petitioner) and Podi Mahathmaa and another (1st and 2nd defendant-respondents), the court addressed the issue of whether the District Judge erred in refusing to issue a commission under Sections 420 and 422(1) of the Civil Procedure Code for examining witness Sathasivam Achalingam. It was determined that the material presented, including a medical certificate related to the witness’s health and assertions as to his residence, was insufficient to justify intervention. The holding reaffirmed the principle that the issuance of commissions is a matter of judicial discretion and must be supported by adequate evidence. Reference was made to statutory provisions and relevant case law, confirming that refusal of a commission is reasonable where the su