IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal under Section 5C of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990, as amended by Act No. 54 of 2006.

SC Appeal No: 121/2021 SC/HC/LA/ Case No: 27/2020 UVA/HCCA/BDL Case No: 51/17(F)

D.C Mahiyanganaya Case No: SPL/57/15 Hatton National Bank PLC., No. 479, T.B. Jayah Mawatha, Colombo 10.

Petitioner - Vs -

1. Kodikara Gedara Seetha Sriyani Kumari

2. Attanayake Mudiyanselage Malki Sumudu Attanayake

3. Attanayake Mudiyanselage Malshan Nethsarani Attanayake

4. Attanayake Mudiyanselage Hirusha Deshan Adithya Attanayake All are at, 2^nd Mile Post, Morayaya, Minipe.

Respondents And between Hatton National Bank PLC., No. 479, T.B. Jayah Mawatha, Colombo 10.

Petitioner – Appellant - Vs -

1. Kodikara Gedara Seetha Sriyani Kumari

2. Attanayake Mudiyanselage Malki Sumudu Attanayake

3. Attanayake Mudiyanselage Malshan Nethsarani Attanayake

4. Attanayake Mudiyanselage Hirusha Deshan Adithya Attanayake All are at, 2^nd Mile Post, Morayaya, Minipe.

Respondents – Respondents And Now between Hatton National Bank PLC., No. 479, T.B. Jayah Mawatha, Colombo 10.

Petitioner – Appellant – Appellant - Vs -

1. Kodikara Gedara Seetha Sriyani Kumari

2. Attanayake Mudiyanselage Malki Sumudu Attanayake

3. Attanayake Mudiyanselage Malshan Nethsarani Attanayake

4. Attanayake Mudiyanselage Hirusha Deshan Adithya Attanayake All are at, 2^nd Mile Post, Morayaya, Minipe.

Respondents – Respondents – Respondents Before: S. Thurairaja, PC, J Janak De Silva, J Arjuna Obeyesekere, J Counsel: Priyantha Alagiyawanna with Isuru Weerasooriya, Kavindu Liyanage and Sayuri Senanayake for the Petitioner – Appellant – Appellant A M E B Atapattu for the Respondents – Respondents – Respondents Argued on: 30^th October 2023 Written Tendered by the Petitioner – Appellant – Appellant on 25^th January 2022 Submissions:

Tendered by the Respondents – Respondents – Respondents on 23^rd June

2022 Decided on: 15^th February 2024 Obeyesekere, J This is an appeal against a judgment of the Provincial High Court of the Uva Province holden at Badulla [the High Court] delivered on 19^th February 2020 by which the High Court affirmed the decision of the District Court of Mahiyanganaya to reject the petition filed by the Petitioner – Appellant – Appellant [the Petitioner] in terms of Section 14A of the Civil Procedure Code on the basis that the affidavit attached to the said petition is not in accordance with the law.

On 3^rd December 2021, this Court granted leave to appeal on the following question of law:

“Have the learned Judges of the Civil Appellate High Court failed to consider that the learned District Judge erred in dismissing the application of the Petitioner, when the Petitioner has filed a valid petition and affidavit which was duly executed before a Justice of the Peace in that the deponent of the said affidavit by opening paragraph as well as jurat of the said affidavit has sworn to the contents therein before a Justice of the Peace?”

Background facts The Petitioner is a licensed commercial bank. Pursuant to an application made to its Mahiyanganaya Branch by Nayanananda Deshapriya Attanayake [the Borrower] and his wife, the 1^st Respondent – Respondent – Respondent [the 1^st Respondent], the Petitioner, the Borrower and the 1^st Respondent had entered into an agreement on 21^st June 2010 in terms of which inter alia (a) the Petitioner had agreed to grant the Borrower a sum of Rs. 1,300,000 by way of a ‘Shanthi’ housing loan to complete the ground floor of a building situated on a land belonging to the Borrower;

(b) the Borrower had agreed to repay the said sum of money together with interest in

120 equated monthly instalments;

(c) the Borrower had agreed to mortgage to the Petitioner the property on which the above building was situated as security for the said loan;

(d) the Borrower was required to tender a Mortgage Protection Policy to secure the payment of the monthly instalments in the event of hi