Kelaniya Sumangala Dharma Sri Sil Matha vs Seethawakage Premarathna – C A 700/2000-2013

The case between Kelaniya Sumangala Dharma Sri Sil Matha (Plaintiff/Appellant) and Seethawakage Premarathna alias Premarathna Seram (Defendant/Respondent) addressed the issue of whether the action initiated by the Plaintiff/Appellant was time-barred under the law of prescription, specifically concerning the correct date of institution for limitation purposes. It was held that the effective date of institution was 24.07.1996, as supported by the Institutions Register and journal entries, not the later date of the record’s re-construction. This reaffirmed the principle that the limitation period is determined by the actual date of institution, irrespective of subsequent procedural restoration. The decision relied on statutory interpretation of procedural law and examination of court records,