D. N. Wijetunga vs T. C. Amarasekera and others – SC Appeal No. 89/2018-2025

In the matter of D. N. Wijetunga (Appellant) and T. C. Amarasekera (Respondent), the court addressed the issue of specific performance of a sale agreement where time was initially of the essence. The court held that while time was extended via a subsequent agreement, the Respondent’s failure to meet the extended deadline meant specific performance could not be granted. The decision reaffirmed the principle that timely performance is crucial in agreements where time is made of the essence. This decision relied on the interpretation of Sections 91 and 92 of the Evidence Ordinance and Section 150 of the Civil Procedure Code, emphasizing that a party cannot retract a position taken regarding an extension of time and that the tendering of a letter without objection waives privilege. The outcome