Siriwardhana vs Dissanayake and Others – sllr 2004 volume 3 page 137

The case between Siriwardhana (Plaintiff) and Dissanayake and Others (Defendants) addressed the issue of whether a document not originally listed as required by section 121(2) of the Civil Procedure Code could be admitted through the discretionary provision in section 175(1) based on “special circumstances.” The court held that failure to list the document within the prescribed time, without proof of special circumstances, precluded its late production. The principle reaffirmed is that strict compliance with procedural requirements for document listing is mandatory unless justified exceptional circumstances are established. This decision relied on sections 121(2) and 175(1) of the Civil Procedure Code and relevant case law, emphasizing the necessity for adherence to procedural timelines in