W.E. Raveendra Prasanjith Fernando v. S.A. Susila Subasinghe – 438/98-2015

The case between W.E. Raveendra Prasanjith Fernando (Substituted Plaintiff-Respondent-Petitioner) and S.A. Susila Subasinghe (Substituted Defendant-Appellant-Respondent) addressed the issue arising from the absence of two essential documentary exhibits (P1 and P2), which were missing from both the appeal brief and the District Court record. It was determined that the District Court judgment of 18.06.1998 could not be maintained in the absence of these key documents, and the proceedings required regularization. The holding established that the case should be remitted to the District Court of Marawila for a fresh trial limited to the readmission of the missing exhibits, with previously recorded evidence to be adopted and without re-calling witnesses. This outcome underscores the need to upho