Rajapaksha Mudiyanselage Jayathilaka Rajapaksha & Risanga Nelka Riyensi Rajapaksha vs. Mallawa Waduge Samantha & Maggoma Ralalage Upali Jayawansha – SC APPEAL 83/2021-2023

Brief
In the case between the 2nd Respondent-Appellant (creditor) and the petitioners/respondents (debtors), with additional involvement of the first respondent, the court addressed whether section 43(1) of the Debt Conciliation Ordinance allows only a creditor to seek enforcement of a settlement by summary procedure, or whether a debtor may also initiate such proceedings. It was held that only a creditor is permitted to apply under section 43(1) for enforcement via summary procedure, reinforcing the principle that statutory provisions must be construed according to their plain, literal meaning absent ambiguity. The findings relied on established rules of statutory interpretation, including the literal rule, and emphasized that the statutory text precludes debtor-initiated action under thi