S.U. Dungi vs Anita George Carey – SC APPEAL 147/2014-2024

In the case between Anita George Carey and others (plaintiffs) and G.H.G. Elizabeth, Mirissa Gallappathige Eric Piyadarshana Udaya Kumara, Mohamed Ali Mubarak, S.U. Dungi, and the 3rd defendant/appellant (defendants), the Court considered whether the 3rd defendant was entitled to lead fresh evidence and further cross-examine the 1st plaintiff after the close of trial, and whether a recorded admission of fact could be withdrawn due to error or mistake. The holding established that discretionary judicial powers under Sections 134, 165, and 166 of the Civil Procedure Code do not support such post-trial interventions and that an admission of fact validly recorded cannot be withdrawn absent exceptional justification. The decision relied on statutory interpretation and case law concerning eviden