Hettiarachchige Dominic Marx Perera v. Kuruwita Arachchige Mulin Perera et al. – CA CASE NO. 713/2000-2000

In the case between Hettiarachchige Dominic Marx Perera and Kuruwita Arachchige Mulin Perera (deceased, with substituted respondents), Milroy Christy Kasichetty, and the National Savings Bank, the court addressed the admissibility of a criminal conviction for forgery against the deceased 1st Defendant as fresh evidence in a pending civil appeal. It was determined that, under Section 41A(2) of the Evidence (Amendment) Act, No. 33 of 1998, only convictions that are either not appealed, or have been finally affirmed on appeal, qualify as relevant evidence in civil proceedings. The court held that a conviction which was under appeal and where the appeal lapsed on account of the appellant’s death, without adjudication, did not satisfy the statutory criteria for admissibility. The application to