Distilleries Company Ltd. v. Kariyawasam and Others – sllr 2001 volume 3 page 119

In the case between Distilleries Company Ltd and Kariyawasam and Others, the court addressed whether an affidavit affirmed on a date prior to the petition’s subscription could still “support” the petition under Section 757(1) of the Civil Procedure Code, and the validity of defects arising from inconsistencies between names and designations in the proxy and petition. It was held that technical defects which do not cause actual prejudice should not invalidate civil proceedings. The preliminary objections were overruled, and the petitioner was directed to rectify the proxy in line with statutory requirements. The principle established was that compliance with procedural formalities should not override substantive justice, relying on statutory interpretation and relevant precedents, thereby e