Niyakulage Dilruk Sanjeewa Fernando vs Diyagama Vidanelage Somawathie Perera and others – SC/APPEAL/1/2025-2025

Plaintiff-Petitioner-Appellant Niyakulage Dilruk Sanjeewa Fernando appealed against the District Court of Panadura’s order, affirmed by the High Court of Civil Appeal of Kalutara, which upheld an objection to marking a document and rejected the plaintiff’s entire list of witnesses and documents for being filed out of time. The key legal issues revolve around the interpretation of Civil Procedure Code sections 121 and 175 regarding the timely filing of witness and document lists, the discretion of the court to allow unlisted documents and witnesses, and the proper procedure for handling objections to documents. The Supreme Court’s judgment primarily focuses on the legal position prior to the Civil Procedure Code (Amendment) Act, No. 29 of 2023, but also provides guidance for interpreting cu