Hewage Don Ariyadasa and Vithanage Dona Dayawathie vs D.M.D.Gamini and H.A.D.Fonseka – CA APPEAL NO.794/98-2012

In the case between Hewage Don Ariyadasa and Vithanage Dona Dayawathie (Plaintiffs-Appellants) and D.M.D. Gamini and H.A.D. Fonseka (Defendants-Respondents), the court examined whether the 2nd Defendant was the owner of vehicle No. 29 Sri. 7637 at the time of an accident, and thereby vicariously liable for the 1st Defendant’s alleged negligence. Additionally, the issue arose as to whether, under Section 773 of the Civil Procedure Code, the Plaintiffs should be allowed to introduce fresh evidence (the vehicle’s registration certificate) during appeal to establish such ownership. The court held that there was no sufficient ground or extraordinary circumstance to allow fresh evidence on appeal, reaffirming the foundational principle that plaintiffs bear the burden of proof and must establish