Lokuhamy vs Sirimala – clr volume 2 page 125

In the case between the Plaintiff and the Defendant, the court addressed the legal issue of burden of proof and procedural requirements relating to the denial of a deed and the necessity of filing a replication under sections 79 and 813 of the Civil Procedure Code. It was held that when a defendant does not expressly deny a deed but only challenges its validity, the burden of proving specific invalidating facts remains with the party asserting them, and that new matter raised in the answer without replication is deemed denied. This decision reaffirmed the principle that the obligation to prove new defensive matter rests with the defendant unless admitted, relying on statutory interpretation and established precedent. The ruling emphasized that requiring replication for every new matter in