Walimunidewage Indrasena vs. Walimuni Dewage Wijewardena et al. – CA NO. 765/2000 F -2022

In the case between Walimunidewage Indrasena and a group including the late Walimuni Dewage Wijewardena and certain associated parties, the court addressed whether the notice of appeal was filed within the prescribed time given conflicting evidence between the District Court date stamp and a later journal entry. It was held that direct evidence, specifically the District Court date stamp indicating 07.09.2000, demonstrated that the notice of appeal was filed out of time, overriding the contrary inference suggested by the journal entry. The principle established was that where clear direct evidence exists, presumptions under section 114(d) of the Evidence Ordinance and procedural rules under Section 92 of the Civil Procedure Code must yield to such evidence. This decision invalidated relian