BILLION BAY APPARELS (PVT) LTD. VS. CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS

BILLION BAY APPARELS (PVT) LTD.
VS.
CHIEF MINISTER SABARAGAMUWA PROVINCIAL COUNCIL AND OTHERS

COURT OF APPEAL,
VIJITH MALALGODA PC.J. (P/CA)
A.H.M.D. NAWAZ, J.
CA WRIT 85/2013
DECEMBER 18, 2014
FEBRUARY 12, 2015

Writ of Certiorari - Civil Procedure Code, Sections 181, 437 - Oaths and Affirmation Ordinance - Sections 9, 12(3) Omission in the Jurat to incorporate place of attestation? Fatal? Court of Appeal (Appellate Procedure) Rules -1990 section 3(8) is amendment possible? Affidavit in support? Should all Respondents file affidavits? A defect in a verification only an irregularity and not fatal?

The issue was whether the Respondents should be permitted to amend their affidavits in order to incorporate the place of attestation that has been omitted in the jurats of the respective affidavits.

HELD:

(1) The obligation to state the place of affirmation In the jurat has been cast upon the Commissioner for Oaths.

(2) A defective affidavit without reference to a place of affirmation is only an irregularity. A defect in a verification is only an irregularity and not fatal. It is no g

Click Here to Read the rest of this document