Silva v. Silva – sllr 2006 volume 2 page 080

In Silva vs. Silva, the court examined whether a party could call a witness whose name appeared on the witness list when the list was filed less than fifteen days prior to trial, contrary to section 121(2) of the Civil Procedure Code. The issue concerned the scope of the court’s discretion under the proviso to section 175(1), specifically whether long-term notice and absence of prejudice justified allowing the witness. It was determined that substantial notice (over five years) to the plaintiff and a lack of negligence by the defendant constituted special circumstances warranting the exercise of judicial discretion. The decision overturned the District Judge’s refusal, reaffirming that procedural technicalities should not impede the administration of justice, especially where statutory int