Niyakulage Dilruk Sanjeewa Fernando vs. Meddakandage Anilka Rohini Perera – SC/APPEAL/1/2025 -2025

In the case between Niyakulage Dilruk Sanjeewa Fernando (Plaintiff-Petitioner-Appellant) and Diyagama Vidanelage Somawathie Perera and Meddakandage Anilka Rohini Perera (Defendant-Respondents), the court addressed the issue of procedural compliance for filing lists of witnesses and documents under the Civil Procedure Code. It was held that technical non-compliance, including untimely or procedurally improper filing, should not automatically preclude the admissibility of evidence or the marking of documents if the interests of justice so require. The principle reaffirmed was that substantial justice and prevention of unfair surprise take precedence over rigid adherence to procedural technicalities. The legal reasoning relied on sections 121, 175, 79B, and 142A of the Civil Procedure Code, w