Wanigasinghe vs. Jayaratne – sllr 2011 volume 1 page 258

In Wanigasinghe v. Jayaratne, the court addressed whether a defendant may raise a legal issue concerning an alleged penal clause, not explicitly averred in the pleadings, based on a pure question of law. It was held that such an issue could be entertained where it arises from a pure question of law, provided it does not cause prejudice or surprise to the opposing party. The decision reaffirmed the principle that the framing of issues under Section 146 of the Civil Procedure Code permits consideration of legal questions necessary for a proper determination of the dispute, even if not pleaded. Reliance was placed on relevant statutory interpretation and judicial precedent, clarifying that the process aims to secure justice where all parties are already aware of the facts relied upon. The app