Bank of Ceylon vs Warnakulasuriya – sllr 2007 volume 1 page 033

In the case between Bank of Ceylon (as plaintiff) and Warnakulasureiya (as defendant), the court addressed the proper interpretation and application of the Debt Recovery (Special Provisions) Act with particular reference to which party is to commence the case following the grant of leave to appear and show cause. The holding established that dicta regarding the burden of proof from prior authorities, specifically Bank of Ceylon v Kaleel, were not controlling in the present context. Instead, proceedings must adhere to the prescribed statutory framework under the Debt Recovery (Special Provisions) Act and the Civil Procedure Code, with issues of the burden of proof to be governed by the ordinary procedures applicable at trial. The court allowed the appeal, set aside the contrary order of the