Salih vs Hemawathie – sllr 2004 volume 3 page 091

In the case between SALIH (plaintiff) and HEMAWATHIE (defendant), the court addressed the issue of the procedural requirements for listing documents under section 121(2) of the Civil Procedure Code, and the discretion vested under section 175(2) to allow the production of unlisted documents. It was determined that strict compliance with the fifteen-day prior notice requirement for filing the list of documents is mandatory, and an unlisted document may be admitted only with the court’s leave upon showing satisfactory explanation for the delay. Emphasis was placed on the necessity of interpreting “date fixed for trial” as the actual commencement date and not earlier procedural dates. The appeal was dismissed, reaffirming the principle that compliance with statutory timelines for filing lists