Ranasinghe v. Zubair and Others – sllr 2002 volume 2 page 399

In the case between Ranasinghe and Zubair and Others, the court addressed the procedural requirement under Section 705(1) of the Civil Procedure Code, specifically whether the original cheque must be annexed to the plaint or if a photocopy accompanied by an explanatory affidavit is sufficient, and the interplay with Section 704(2) regarding defences. It was held that the plaintiff is not obligated to file the original cheque with the plaint if an affidavit satisfactorily explains its absence, and that a defence under Section 704(2) cannot rest solely on the procedural failure to annex the original instrument. The legal principle reaffirmed the independent operation of Sections 705(1) and 704(2) and recognized the need to adapt statutory interpretation in light of technological advances. Th