Chitambara Nadar and Another of Colombo v. Elasto Limited of Bentota – sllr 1994 volume 2 page 325

In the case between Chitambara Nadar and Another (plaintiffs) and Elasto Limited (defendant), the court addressed whether the action arose from goods sold and delivered under English Law or on an account stated per Roman Dutch Law, which would affect the jurisdiction of the District Court of Colombo. The holding established that the claim was founded on an account stated, not on goods sold and delivered, reaffirming the principle that under Roman Dutch Law, the creditor is obligated to seek the debtor for payment. Reliance was placed on the interpretation of the plaint and relevant provisions of the Civil Procedure Code, with the court emphasizing that a claim predicated on an account stated falls outside the jurisdiction of the District Court of Colombo. As a result, the appeal was dismis