Dadallage Anil Shantha Samarasinghe vs Dadallage Mervin Silva – SC APPEAL 45/2010-2010

In the case between Dadallage Mervin Silva (Plaintiff-Respondent) and Dadallage Anil Shantha Samarasinghe (1st Defendant-Appellant), the court addressed the issue of the admissibility of an attested document (Deed No.127 marked P2) which was produced subject to proof but not properly established in compliance with Section 68 of the Evidence Ordinance. It was held that procedural requirements for proving attested documents must be strictly followed and the non-objection to its admissibility at the close of the opposing party’s case does not cure the evidentiary deficiency. The principle reaffirmed is that statutory procedures for the proof of attested documents are mandatory and non-compliance invalidates the use of such documents as evidence. Reliance was placed on established precedents a