SENANAYAKE MOHOTTI AND OTHERS

SENANAYAKE MOHOTTI AND OTHERS

VS.

ARUNA SHANTHA AND ANOTHER

SUPREME COURT
S.E. WANASUNDERA P.C, J.
ANIL GOONERATNE J.
NALIN PERERAJ.
SC APPEAL 125/2015 SC/HCCA/LA/24/2013 (LA)
WP/HCCA/GAMP/44/2013
D.C. ATTANAGALLA CASE NO. 1253/M
04.07.2017.

Financial lease agreement - Guarantors - Stamp Ordinance - Hire purchase -Motor vehicles - Motor coaches and lorries - Exemption - Natural meaning -Personal activity - Section 33 Stamps Ordinance.

Finance lease agreement entered between Plaintiff - Petitioner -Respondent, Bank, and 1st Defendant- Respondent. The 2nd and 3rd Defendants were guarantors. Action filed in the District Court of Attanagalla. 1st and 3rd Defendant - Respondents did not appear, case fixed exparte against them. 1st Defendant failed to pay the regular payment due to the Bank, and the Bank filed action to recover the amounts due.

When evidence of Plaintiff was led the 2nd Defendant - Respondent objected to the Finance Lease agreement being marked (A) in evidence on the basis that it is not properly stamped. Learned District Judge upheld the objections and refused it to be permitted to be marked and produced in evidence. On a

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