Kahawa Palliya Guruge Dulawathi v. K.M.G. Leelananda Dias & Saranawathi Jalathge – CATR-816/2010-2010

The case between Kahawa Palliya Guruge Dulawathi (Plaintiff/Petitioner) and K.M.G. Leelananda Dias and Saranawathi Jalathge (Defendants/Respondents) addressed the issue of whether an application for transfer of the case from the District Court of Galle should be granted on the grounds of alleged difficulty in obtaining legal representation due to the defendant’s status as a local Attorney-at-Law. It was held that the evidence did not substantiate claims of interference or inability to secure representation, and the application for transfer was dismissed, reaffirming the principle that transfers will not be granted in the absence of material evidence showing actual prejudice, as established by Section 40 of the Judicature Act and the precedent Subramaniam Vs. Subramaniam (1980). The judgmen