Hatton National Bank Limited. v. Warawitage and Others – sllr 1992 volume 1 page 358

In the case between Hatton National Bank Limited and Warawitage and others, the court addressed whether an officer of a corporate entity could be called as a witness if not included by name or designation in the witness list under the Civil Procedure Code, specifically sections 172(2) and 175(1). It was held that the lower court should have exercised discretion to permit the officer’s testimony, even where procedural requirements were not strictly met, with appropriate measures such as costs or adjournments to alleviate hardship to the opposing party. This decision reaffirmed the principle that procedural rules regarding witness lists for corporate parties can admit reasonable flexibility in the interests of justice. Reliance was placed on the interpretation of statutory provisions and the

REF: sllr 1992 volume 1 page 358 Category: Tag:
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