Karunanayake vs. Sangakkara – sllr 2005 volume 2 page 403

The case between Karunanayake (Plaintiff) and Sangakkara (Defendant) addressed the issue of whether a Primary Court Judge possesses jurisdiction to summon witnesses ex mero motu under the Primary Courts Procedure Act. It was held that such judicial intervention is impermissible outside the procedural limitations expressly set out in Section 72, reaffirming the principle that summary proceedings must be strictly confined to affidavit-based evidence unless statute otherwise permits. Reliance was placed upon the Primary Courts Procedure Act and relevant precedents, notably Ramalingam vs. Thangarajah and Kanagasabai vs. Mailvanaganam, with the Court emphasizing that deviation from prescribed procedure undermines the swift and efficient resolution of disputes, and accordingly, the earlier order