IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Leave to Appeal against the Judgement dated 10.10.2014 in Case No. WP/HCCA/COL/06/2014 under and in terms of Section 5(c)(1) of the High Court of the Provinces (Special Provisions) (Amendment) Act, No. 54 of

2006.

SC Case No.: SC/APPEAL/69/2016 Formerly : SC/HCCA/614/2014 HC Case No.: WP/HCCA/COL/06/2014 DC Case No.: 20155/MR I.M.D. Bandara, No. 10/3B, ‘Amila’

Ranawakawatta Road, Kalalgoda, Pannipitiya.

PLAINTIFF Vs.

1. Director of Health Services, No. 355, Deans Road, Colombo 10.

2. Thilak Kumara Buddhadasa, Main Street, Mahawa.

3. Charitha Samiddhi Dewapura, No. 34, 33rd Lane, Colombo 06.

4. Sumith Devapura, No. 41/1B, Kawdana Road, Attidiya Road, Dehiwela.

5. The Attorney General, Attorney General’s Department, Hulfstdorp, Colombo 12.

DEFENDANTS AND THEN BETWEEN

3. Charitha Samiddhi Dewapura, No. 34, 33^rd Lane, Colombo 06.

4. Sumith Devapura, No. 41/1B, Kawdana Road, Attidiya Road, Dehiwela.

DEFENDANT-PETITIONERS Vs.

I.M.D. Bandara, No. 10/3B, ‘Amila’

Ranawakawatta Road, Kalalgoda, Pannipitiya.

PLAINTIFF-RESPONDENT AND NOW BETWEEN

3. Charitha Samiddhi Dewapura, No. 34, 33^rd Lane, Colombo 06.

4. Sumith Devapura, No. 41/1B, Kawdana Road, Attidiya Road, Dehiwela.

DEFENDANT-PETITIONERS-APPELLANTS Vs.

I.M.D. Bandara, No. 10/3B, ‘Amila’

Ranawakawatta Road, Kalalgoda, Pannipitiya.

PLAINTIFF-RESPONDENT-RESPONDENT BEFORE: Buwaneka Aluwihare, PC, J S. Thurairaja, PC, J Arjuna Obeyesekere, J COUNSEL: Kushan D’ Alwis, PC with Prasanna De Silva and Milinda Munidasa for the

3^rd and 4^th Defendants-Petitioners-Appellants.

Shiral Lakthilaka for the Plaintiff-Respondent-Respondent.

WRITTEN SUBMISSIONS: 27.05.2016 & 23.06.2017 for the 3rd and 4th Defendant-

Petitioner-Appellants.

24.06.2016 & 22.06.2017 for the Plaintiff-Respondent-

Respondent.

ARGUED ON: 02.08.2023. DECIDED ON: 24.10.2023.

JUDGEMENT Aluwihare, PC, J, This is an appeal against a Judgement of the of the Provincial High Court of the Western Province. The Plaintiff-Respondent-Respondent (hereinafter referred to as the ‘Plaintiff) instituted an action by Plaint dated 17^th September 1997 in the District Court of Colombo against the Defendants in that matter, including the 3^rd and 4^th Defendant-Petitioners-Appellants (hereinafter ‘Defendants’), seeking inter alia a sum of Rs. 1,000,000 as damages. The Plaintiff had also prayed for interest on damages from the date of the Plaint till the date of the Decree as well as legal interest on the aggregate sum awarded as Damages by the Decree, from the date of the Decree till the date of payment (vide ‘P 1’, the Plaint at p. 228 of the brief).

The learned District Judge pronounced Judgement on the 2nd February 2007, against the Defendants, granting the Plaintiff damages in a sum of Rs. 421,665 together with legal interest until payment in full and costs of suit. The Defendants filed an appeal against this judgement. However, the appeal was dismissed. Acting in terms of the said Judgement, the Defendants deposited in Court a sum of Rs. 421,665. This is evidenced by Journal Entry No. 58 dated 28^th February 2011 (at p. 222 of the brief). Subsequently, by way of Motion dated 7th August 2012, the Plaintiff made an application presenting a Bill of Costs and calculation of interest (‘P5’ at pages 262 and 264). According to the said calculation, the amounts that the Defendants were required pay was as follows.

• Rs. 344, 367.16 as legal interest from the date of filing the Plaint (17^th September 1997) to the date of judgement.

• Rs. 386,390.58 as legal interest from the date of judgement (2nd February

2007) to the date of submission of the disputed Bill of Costs and Calculation of legal interest (15^th October 2012).

According to the calculation, a sum of Rs. 730,757.74 was due.

The Defendants objected to the said Bill and calculation of interest by the Statement of Objections dated 3^rd April 2013 and took up the position that the court did not award interest to the Plaintiff fro