Vithanage Richard Perera v. M.P. Perera et al. – SC APPEAL 41/2008-2018

In the case between Vithanage Richard Perera (Plaintiff) and M.P. Perera, T. Ariyawathie, H. Nandawathie, Meemanage Gunadasa Perera, H.E. Caldra (deceased), and H. Sunil Caldera (Defendants), the court addressed whether a party that fails to tender documents marked at trial may later contest the trial judge’s findings on grounds of non-consideration of those documents. It was held that failure to obtain and examine such evidence constitutes a significant procedural error that undermines the integrity of the judgment. The principle reaffirmed is that courts are obligated under Section 187 of the Civil Procedure Code to secure, examine, and make findings on all evidenced matters in contest. The Supreme Court’s reasoning rested on authorities such as Warnakula Vs Ramani Jayawardena and Podira