Dodampe Gamage Nihal Lakshman Abeygunawardena and Hewage Anura Chandralal Perera vs Mallawa Pawuluge Ganga Shiromani Rupasinghe – SC SPL.LA. 117/2012-2013

In the case between 1st and 2nd Defendant-Petitioner-Petitioners (Dodampe Gamage Nihal Lakshman Abeygunawardena and Hewage Anura Chandralal Perera) and Plaintiff-Respondent-Respondent (Mallawa Pawuluge Ganga Shiromani Rupasinghe), the Supreme Court addressed whether the order of the Court of Appeal, which refused to transfer case No. 13185/M/09 from the District Court of Minuwangoda under Section 46 of the Judicature Act, should be set aside. It was held that, owing to unanimous agreement among counsel for all parties on ensuring a fair trial free of apprehension, the case should be transferred to the District Court of Negombo. The Court set aside the Court of Appeal’s order pro forma and directed the completion of necessary procedural steps. This reaffirmed the key principle that a fair t