H.M. Oman Ekanayake et al. vs. W. Ratranhamy – SC APPEAL NO.05/2010-2012

In the case between H.M. Oman Ekanayake and others (Plaintiff-Respondent-Appellants) and W. Ratranhamy (Defendant-Appellant-Respondent), the court addressed whether the High Court erred in admitting and relying on new evidence, specifically a Gazette Notification dated 25-04-2001 that cancelled a prior Statutory Determination forming the basis of the appellants’ title. It was determined that the High Court properly accepted the Gazette Notification as fresh evidence under Section 773 of the Civil Procedure Code, given it fulfilled the necessary legal conditions, and that reliance on this Notification for reversal of the District Court’s judgment did not constitute a misdirection. The key legal principle reaffirmed was that fresh evidence may be admitted on appeal if such evidence, by due d