Induruwa Bandarage Malani et al. vs. Nimal Siriwardhane – CA 01/2016-2016

In the case between Nimal Siriwardhane (Plaintiff-Respondent) and Induruwa Bandarage Malani and others (Defendant-Petitioners), the issue concerned whether District Court case No. 2818/2014/L should be transferred from the District Court of Mt. Lavinia to the District Court of Colombo pursuant to Section 46 of the Judicature Act No. 02 of 1978. It was held that, with no objection from either party and noting the Plaintiff-Respondent’s professional association with the District Court of Mt. Lavinia, the transfer should be granted. The principle reaffirmed was that, where parties have no objection and circumstances warrant it, the court may exercise discretion under statutory provisions to transfer proceedings between district courts. Reliance was placed on the provisions of the Judicature A