Yahampath Arachchilage Niroshanee Nadumali vs. Damitha Nalinda Bamunusinghe – SC APPEAL 224/2017-2017

Brief
In Yahampath Arachchilage Niroshanee Nadumali v. Damitha Nalinda Bamunusinghe, the court addressed the legal issue of whether technical irregularities in the submission of an affidavit, including its timing relative to the plaint under Chapter LIII of the Civil Procedure Code, invalidated the plaintiff’s action to recover a sum based on a promissory note. It was held that such technical defects did not amount to material prejudice affecting substantive rights. The principle reaffirmed was that justice should not be obstructed by minor procedural lapses. The decision relied on the relevant provisions of the Civil Procedure Code and established case law, emphasizing that procedural technicalities must not defeat substantive justice and confirming the lower courts’ orders, with the appe