Rizan and Others vs Ratnasiri – sllr 2009 volume 2 page 115

In Rizan and Others v. Ratnasiri, the substituted plaintiffs (including Mohamed Mustapha Sitthi Fathima, deceased) brought a rei vindicatio action against Ratnasiri, contesting the District Court’s admission of two documents as evidence under Section 175(2) of the Civil Procedure Code, despite these documents not being included in the list required by Section 121. The court examined whether the trial judge’s use of discretion was proper, distinguishing between judicial standards for admitting unlisted documents and unlisted witnesses under Sections 175(1) and 175(2). It was held that broader judicial discretion applies to unlisted documents and, given that the relevant criteria were sufficiently met, the admission of the documents was not in error. The appeal was dismissed with costs, reaf