Kariyawasam vs Rajasuriya – sllr 2008 volume 2 page 335

In the case between Kariyawasam (Plaintiff) and Rajasuriya (Defendant), the court addressed the issue of whether a defendant must employ a specific Sinhala formula when denying averments in a plaint and whether failure to specifically deny certain averments constitutes an admission under Section 75(d) of the Civil Procedure Code. It was held that the statutory requirements are satisfied when the answer specifically admits certain averments and jointly and severally denies the remainder, without need for further specific language. The principle reaffirmed is that explicit statutory compliance is sufficient and a specific formula is not mandated. Reference was made to Sections 75(d) and 76 of the Civil Procedure Code and prior decisions including Hassan v Iqbal and Fernando v The Ceylon Tea