Billion Bay Apparels (Pvt) Ltd. Vs. Chief Minister, Sabaragamuwa Provincial Council and others – CA WRIT NO. 85/2013-2013

In the case between Billion Bay Apparels (Pvt) Ltd. (Plaintiff) and the Chief Minister, Secretary, and other officials of the Sabaragamuwa Provincial Council (Defendants/Respondents), the court addressed whether affidavits filed by certain Respondents could be amended to include the omitted place of attestation in the jurats, as required by procedural law. It was held that such omission constitutes a procedural irregularity and not a fatal defect, thus permitting amendment under Rule 3(8) of the Court of Appeal (Appellate Procedure) Rules of 1990. The findings reaffirmed the principle that procedural defects which do not affect the substance or reliability of an affidavit should not undermine substantive rights, especially where the defect arises from an official’s error. The decision reli