Jayatilake v. Liyanage and Another – sllr 2003 volume 2 page 190

In the case between Jayatilake (represented by Power of Attorney) and Liyanage and Another, the court considered whether an action filed by a plaintiff’s Power of Attorney holder was maintainable under section 25(b) of the Civil Procedure Code, given that the plaint did not establish the plaintiff’s residence outside the local jurisdiction. It was held that the action was not maintainable as the plaint disclosed the plaintiff’s residence within the local limits and did not present evidence to the contrary, rendering the Power of Attorney invalid for this purpose. This principle reaffirmed that a Power of Attorney may only be invoked when the grantor resides outside the jurisdiction, as supported by authorities such as Udeshi v Mather and related precedents. The court dismissed the applicat