People’s Bank vs Minal Chandra Jayasinghe et al – SC APPEAL 163/2011-2011

In the case between People’s Bank (Plaintiff-Appellant) and Minal Chandra Jayasinghe, Suresh Harkishim Mirchandani, and Amith Mahinder Mirchandani (Defendant-Respondents), the court addressed whether the Plaintiff-Appellant could call an unlisted witness from the Central Mail Exchange to prove delivery of a letter of demand under a Guarantee Bond. It was held that the Plaintiff-Appellant was entitled to call the witness, setting aside the prior order that disallowed such evidence. The court reaffirmed the principle that statutory procedural requirements, such as the filing of lists of witnesses under Sections 121(2) and 175 of the Civil Procedure Code, may be relaxed in situations where special circumstances exist and no element of surprise or unfair prejudice is shown. Reference was made