Billion Bay Apparels (Pvt) Ltd. vs. Chief Minister Sabaragamuwa Provincial Council and Others – sllr 2016 volume 1 page 036

In the case between Billion Bay Apparels (Pvt) Ltd. and the Chief Minister Sabaragamuwa Provincial Council and Others, the Court addressed whether the omission of the place of attestation in the affidavit’s jurat constitutes an invalidity or merely an irregularity. It was determined that such an omission is an irregularity that does not nullify the affidavit, allowing for its subsequent amendment. The decision reaffirmed the principle that procedural defects in affidavits—if not affecting the substance—may be cured by amendment under Rule 3(8) of the Court of Appeal (Appellate Procedure) Rules 1990. Reliance was placed on statutory provisions such as Section 12(3) of the Oaths and Affirmations Ordinance, Section 181 of the Civil Procedure Code, and relevant judicial precedents. The judgmen