People’s Bank v Jagoda Gamage Nishantha Pradeep Kumara – SC APPEAL NO. 234/2017-2022

In the case between People’s Bank and Jagoda Gamage Nishantha Pradeep Kumara, the Supreme Court was required to determine whether the evidence adduced by the Plaintiff sufficiently established that the Defendant was granted a temporary overdraft facility and failed to settle the drawn amount. The central issue revolved around the adequacy and consistency of documentary and oral evidence supporting the Plaintiff’s claims, as well as the application of Sections 84 and 85 of the Civil Procedure Code in ex parte proceedings. The claim was previously dismissed by the District Court for lack of supporting documents, with the High Court affirming this decision. On appeal, it was held that the Plaintiff did not prove, on a balance of probabilities, the existence of the alleged overdraft liability