Mallawa Waduge Jayaratne v. Wickramaarachchige Senani – SC Appeal 85/2023-2025

In the matter of Mallawa Waduge Jayaratne v. Wickramaarachchige Senani, the court addressed the appeal from the High Court of Civil Appeals concerning a promissory note. Two key legal issues were raised: the timeliness of the Plaintiff’s appeal to the High Court and the High Court’s failure to consider provisions relating to presentment and dishonor under the Bills of Exchange Ordinance. The court held that Section 68 of the Evidence Ordinance is inapplicable to promissory notes and that the Defendant’s admission of signature sufficiently established execution. The Defendant was found to have waived any objection regarding the tardiness of the appeal to the High Court by not raising it at that level. Furthermore, any requirement for formal presentment and notice of dishonor was deemed waiv

REF: SC Appeal 85/2023-2025 Category: Tag:
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