Rambukwelle Vipassi Thero et al. vs. Rajamanthreege alias Acharige Appu Naide Weragala et al. – CA 889/97 F -2017

In the case between Rambukwelle Vipassi Thero and Rajamanthreege alias Acharige Appu Naide (Plaintiffs-Appellants-Petitioners) and Senadhirannehelage Sunil Thilekeratne and N.A. Asilin Nona (Defendants-Respondents-Respondents), the issue concerned ownership and the right to possession of land identified as “pansalewatta,” specifically whether it belonged to Parileyya Wana Aramaya or the 2nd Plaintiff-Appellant-Respondent, and whether belatedly produced documentary evidence (plan X2 and tenement list X3) should be admitted at the appellate stage under Section 773 of the Civil Procedure Code. It was held that admission of such evidence is governed by a three-part test — (a) the evidence could not have been obtained with reasonable diligence prior to the trial, (b) the evidence would probabl