Jayasinghe v. Dassanayake And Another – sllr 2006 volume 3 page 346

The case between Jayasinghe (plaintiff) and Dassanayake and Another (defendants) addressed whether an apprehended threat to life, arising from attendance at the District Court of Ratnapura, constituted sufficient grounds for a judicial transfer of a case. It was held that credible fear for personal safety, sufficiently demonstrated by documentary evidence, justifies the transfer of a case under Section 10 of the Civil Procedure Code and Section 46 of the Judicature Act. The principle was reaffirmed that the court’s duty to ensure unimpeded access to justice includes acting when attendance before a particular court endangers a litigant. This conclusion relied upon the statutory powers vested by the relevant legal provisions, highlighting the court’s role in safeguarding litigants’ ability t