Vidanalage Eric Roshan De Mel and Ranagala Pedige Renuka vs. Maduge Sujeewa Roshan Dias and Kotagedara Liyanage Shinali Surangika Perera – CA NO. 311/2015-2015

In the case between Vidanalage Eric Roshan De Mel and Ranagala Pedige Renuka (Defendant-Petitioners) and Maduge Sujeewa Roshan Dias and Kotagedara Liyanage Shinali Surangika Perera (Plaintiff-Respondents), the court addressed the issue of whether District Court of Gampaha Case No. 1783/L should be transferred to a different judge under Section 46 of the Judicature Act, given concerns of impartiality due to a prior related decision. It was held that, given the initial participation and subsequent absence of the Plaintiff-Respondents and the availability of multiple Additional District Judges, the case should be transferred to an Additional District Judge other than the one who previously heard a related mortgage case involving the same subject matter. The principle reaffirmed is that judici

REF: CA NO. 311/2015-2015 Category: Tag:
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