Hussain and Others v. The Land Reform Commission – sllr 2002 volume 3 page 249

In the case between Hussain and others (plaintiffs-petitioners) and the Land Reform Commission (defendant-respondent), the court addressed the issue of whether an application for a stay of execution under Section 343 of the Civil Procedure Code must be accompanied by an affidavit, as well as the implications of a defective or redundant affidavit on such an application. It was determined that only a petition is required under Section 343, and the inclusion or defectiveness of an affidavit does not render the application invalid. The decision clarified that determinations regarding mala fides in such applications are factual matters within the discretion of the trial judge, and leave to appeal was refused. The decision reaffirmed the authority of Wijewardena v. Raymond and emphasized that pr