Bandaranaike v. Premadasa – 1978_79 volume 2 page 369

Brief
In Bandaranaike v. Premadasa, the court addressed the procedural issue of witness sequencing in a defamation action. The primary question was whether the defendant-appellant must testify before calling other witnesses, and the extent of judicial discretion under section 135 of the Evidence Ordinance in regulating witness order in civil proceedings. The findings established that established practice, rooted in adversarial procedure and principles of natural justice, permits counsel to choose the order of calling witnesses unless contravened by statutory rule or special circumstances. The challenged District Court orders, mandating the appellant to testify before his witnesses, were found to be premised on an unfounded adherence to a rigid procedure. Upon analysis of relevant local, En

REF: 1978_79 volume 2 page 369 Category: Tag:
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