Karunaratne vs. Simon Singho and Others – sllr 2011 volume 2 page 022

In the case between Karunarathne (petitioner) and Simon Singho and Others (respondents), the Court addressed the issue of whether a suit filed in the District Court of Kalutara should be transferred to the District Court of Horana, considering questions of jurisdiction and prescription. The holding established that the application for transfer was unsustainable, reaffirming the principle that jurisdictional and prescriptive issues must be verified at the outset, and that administrative or geographical errors alone do not create exceptional circumstances for transfer. The decision relied on Sections 46 and 47 of the Judicature Act and the Civil Procedure Code, emphasizing that statutory procedures must be followed strictly, and relief for procedural errors cannot be granted absent legal gro

REF: sllr 2011 volume 2 page 022 Category: Tag:
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