T.A.P.Fernando vs Thewarasige Madurawathi Fernando – CA CASE NO:-1285/99 F -2014

In the case between Thewarasige Madurawathi Fernando (Plaintiff-Respondent) and T.A.P.Fernando (Defendant-Appellant), the issue addressed was whether a claim for recovery of Rs 145,000/=, allegedly lent without interest in 1988, was barred by prescription under the Prescription Ordinance. It was held that the action was prescribed, as no sufficient evidence—such as a written acknowledgment or qualifying payment within the statutory period—was adduced to interrupt prescription. The principle reaffirmed was that obligations to recover loans must be enforced within the limitation period prescribed by Sections 7 and 12 of the Prescription Ordinance, unless strict requirements for acknowledgment or payment are met. The ruling emphasized the necessity of strict compliance with statutory prescrip