H.M.A. Ruwan Ravindranath vs R. Prageeth Indrarathna Rupasinghe – SC APPEAL 10/2020-2025

In the matter of H.M.A. Ruwan Ravindranath vs R. Prageeth Indrarathna Rupasinghe, the court addressed the issue of whether an action for recovery of a loan was prescribed under Section 7 of the Prescription Ordinance, and whether the defense of prescription was properly raised. The District Court dismissed the action on grounds of prescription, but the High Court of Civil Appeal set aside this decision. On appeal to the Supreme Court, A.L. Shiran Gooneratne, J. determined that the action was prescribed, calculating the three-year period from the expiry of the six-month repayment period (February 2008), and thus allowed the appeal, reinstating the District Court’s decision. However, M. Samayawardhena, J. concluded that the action was not prescribed, arguing that prescription runs from the d

REF: SC APPEAL 10/2020-2025 Category: Tag:
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