Ambagahage Vithorianu Basil Fernando v. Ambagahage Leslie Malcom Fernando – SC APPEAL 151/2011-2011

In the case between Ambagahage Vithorianu Basil Fernando (Plaintiff Respondent) and Ambagahage Leslie Malcom Fernando (Defendant Appellant), the court examined the admissibility of photocopies of certified documents as evidence and the allocation of the burden of proof in a Rei Vindicatio action involving alleged forgery. It was held that documents marked P1 and P2, though photocopies of certified originals, are admissible under Section 78 of the Evidence Ordinance in the absence of compelling evidence to prove forgery. The principle reaffirmed that unobjected admission of such documents at trial substantiates their evidentiary value, and the burden falls on the party alleging forgery to prove inauthenticity. This ruling emphasized the interpretation of Sections 61, 101, 103, and 78 of the