Roylin Fernando vs. Gamini Fernando and Others – sllr 2016 volume 1 page 001

In the case between Rolyn Fernando (Plaintiff/Appellant) and Gamini Fernando and Others (Defendants/Respondents), the court addressed the issue of whether the affidavit submitted in support of a petition for leave to appeal complied with Section 757(1) of the Civil Procedure Code. It was held that an affidavit sworn nearly two years prior to the filing of the petition could not be considered valid supporting evidence, and that the discrepancy in dates could not be excused as a clerical error. The principle reaffirmed was that statutory requirements for affidavits supporting petitions must be strictly complied with. Reliance was placed on the wording and objective of Section 757(1), emphasizing the need for contemporaneous supporting evidence in appellate proceedings.

Chandra Ekanayake, Ac