People’s Bank vs Witharana Gamage Siriwardane – SC APPEAL 20/2018-2025
In the case between People’s Bank and Witharana Gamage Siriwardane and Meththasinghr Arachchilage Kleshiya Violet Siriwardane, the court considered whether dismissal of a District Court application for non-production of an original Certificate of Sale operated as a merits-based determination, thereby precluding a subsequent application under the execution provisions of Act No. 32 of 1986, and whether res judicata applied in such execution proceedings. The court held that the prior dismissal was purely procedural, not on the merits, and did not bar a properly documented subsequent application. It was determined that issuance of a Certificate of Sale under the People’s Bank Act conclusively transferred rights to People’s Bank, negating a res judicata defense. Previous orders impeding executi

