E.S. Rajapakse vs V. Radhakrishnan – CA 366/2012-2012

In the case between E.S. Rajapakse and V. Radhakrishnan with R. Rajaram, the court addressed the issue of whether District Court of Nuwara Eliya Case No. 3366/L should be transferred to another court under section 46 of the Judicature Act and section 10 of the Civil Procedure Code. It was held that the unavailability of the Plaintiff-Petitioner’s Counsel on the dates convenient to the appointed judge does not constitute sufficient legal ground for the transfer of the case. The principles reaffirmed emphasize that the convenience of counsel alone is not adequate for invoking judicial transfer under the relevant statutory provisions. The decision relied upon the text and intent of section 46 of the Judicature Act, underscoring that case management should not be determined exclusively by the