Leslie Silva vs Perera – sllr 2005 volume 2 page 184

The case between Leslie Silva and Perera addressed the issue of whether Issue No. 13, concerning the sufficiency of the plaint under Section 40(d) of the Civil Procedure Code, should be determined as a preliminary issue of law without the need for evidence. It was determined that the plaint failed to state when and where the cause of action arose, thus not meeting statutory requirements, and the trial judge’s refusal to treat Issue No. 13 as a preliminary legal issue constituted a legal misdirection. The principles reaffirmed included the mandatory nature of procedural requirements in pleadings and the Court of Appeal’s power to intervene by way of revision under Article 138 of the Constitution to prevent a miscarriage of justice. This decision relied on legal precedents such as Mutukrishn