Inaya v. Lanka Orix Leasing Company Ltd. – sllr 1999 volume 3 page 197

Inaya v. Lanka Orix Leasing Company Ltd. addressed the sufficiency of affidavits submitted to set aside an ex parte judgment, focusing on compliance with the Civil Procedure Code (sections 86(2), 86(3)) and proper application of the Oaths and Affirmation Ordinance, especially for non-Christians. It was held that affidavits must strictly adhere to the prescribed legal format, including a sworn or affirmed declaration as per Form 75, and technical deviations from this requirement render the application invalid. The Court relied on statutory interpretation of the Civil Procedure Code and the Oaths and Affirmation Ordinance, underscoring that proper judicial procedure necessitates strict compliance for affidavits, and the appeal was dismissed with costs.

Jayasinghe J. — The facts established