Kodagodage Tissa de Silva vs Warnakulasooriya Kalugamage Nimalka Fernando – SC RULE 08/2022-2024

In the case between Mr. Kodagodage Tissa de Silva (complainant) and Warnakulasooriya Kalugamage Nimalka (Sudharshani) Fernando, Attorney-at-Law (respondent), the court addressed whether the respondent breached statutory obligations under section 31(17) of the Notaries Ordinance by failing to search the land registry or obtain written instructions to dispense with such search while attesting two deeds (No. 167 and No. 169). The issue further extended to whether this conduct amounted to deceit, malpractice, or dishonourable conduct under section 42(2) of the Judicature Act, Rule 79 of the Supreme Court Rules, and Rules 60 and 61 of Supreme Court (Conduct of and Etiquette of Attorneys at Law) Rules 1988. After reviewing statutory provisions, precedents, and the evidentiary record, it was held