Janak De Silva, J.

The Plaintiff-Respondent-Appellant (Appellant) instituted this Aquilian action against the Defendants-Appellants-Respondents (Respondents) seeking a sum of Rs. 20,00,000/= in damages for injuries suffered due to an acid attack. The Respondents admitted the acid attack but contended that it was in the exercise of their right of private defense. According to the Respondents, it was the Appellant who first attacked the Respondents and their children. The Respondents made a claim-in-reconvention for a sum of Rs. 10,00,000/= in damages for the injuries they suffered due to the attack by the Appellant.

The learned District Judge entered judgment as prayed for by the Appellant. Aggrieved by this judgment, the Respondents appealed to the Civil Appellate High Court of Sabaragamuwa Province holden in Ratnapura (High Court) which set aside the judgment of the District Court and dismissed the action of the Appellant.

Leave to appeal has been granted on the following questions of law:

1. Have the learned High Court Judges erred in not taking into consideration the vital evidence presented in the District Court and holding against the Appellant?

2. Have the learned High Court Judge