Damith Kodithuwakku vs Pinnaduwa Hewa Samson – CA PHC 108/2011-2013

In the case between Damith Kodithuwakku (Appellant/Respondent-Petitioner) and Pinnaduwa Hewa Samson and Karunawathie Seneviretna (Complainant-Respondents), the court addressed whether the requirement to file an affidavit under Section 66(3) of the Primary Court Procedure Act applies to proceedings initiated under Section 66(1)(b). It was held that Section 66(3) applies exclusively to proceedings initiated by a police officer under Section 66(1)(a), not to proceedings initiated by a private party under Section 66(1)(b). Accordingly, the Magistrate’s order granting possession of the disputed property to the complainant-respondents was upheld, and the appeal was dismissed. This reaffirmed that procedural requirements prescribed by statute cannot be extended beyond their specific scope and tha