Kusalanthi Fernando vs. Weerasekara Hettiarachchige Gertrude Perera – SC APPEAL 55/2020-2023

In Kusalanthi Fernando Kandawala v. Weerasekara Hettiarachchige Gertrude Perera and Weerawarnakulasuriya Boosabaduge Shamaline Fernando, the Supreme Court considered the validity and proof of mortgage deeds, specifically mortgage bond No. 8425 (“2V1”), in relation to section 68 of the Evidence Ordinance and the procedural effects of the Civil Procedure (Amendment) Act No. 17 of 2022. The Court determined that, given no objection was raised at the moments required by law during the production of the deed, strict adherence to section 68 was rendered unnecessary due to the operation of section 154A of the amended Civil Procedure Code. It was held that evidence before the District Court sufficiently established the execution of the mortgage deed and payment of consideration, thus reversing the