Gabo Singho Wijendra vs Malagodagamage Karunawathie – SC APPEAL NO: 106/2007-2011

In the case between Gabo Singho Wijendra alias Wijendra and Malagodagamage Karunawathie, the court addressed the legal issue of whether the refusal to mark an unlisted document and to issue a Commission to the Examiner of Questioned Documents (EQD) was consistent with the Civil Procedure Code. The court held that such actions were justified, as the Defendant-Appellant failed to adhere to procedural requirements involving the listing of documents under Section 121 and the appropriate invocation of Section 175 (2). The court reaffirmed the principle that strict compliance with mandatory pre-trial procedures is essential, emphasizing the importance of following statutory provisions and the availability of alternative pre-trial remedies. This decision relied upon the Civil Procedure Code and r