KULASIRIWARDENA VS. JAYASINGHE AND OTHERS

KULASIRIWARDENA
VS.
JAYASINGHE AND OTHERS

SUPREME COURT
WANASUNDARA, PC.J
BUWANEKA ALUVIHARE, PC J
CHITRASIRI, J
SC APPEAL 146/2012
SCHCLA 89/2012
WP/HCCA/LA 89/2012
DC GAMPAHA CASE NO. 1457/L
FEBRUARY 03, 2016

Civil Procedure Code Section 154 - Section 154(3) - Evidence Ordinance Section 11 - Sections 17, 27, Section 58, Section 91. Section 32 -Admissibility - Procedure - Admissions under Section 17 Evidence Ordinance and admissions recorded by contesting parties - of long established practice - Difference.

The Plaintiff Petitioner Petitioner Appellant instituted action seeking declaration of title and ejectment of the Defendants. At the trial, in the course of Appellant's testimony a listed document, a statement purported to have been made by the 1st Respondent to the Police was sought to be marked - this was objected to by the Respondents, as the witness not being the author could not testify as to the contents and that the document is not a listed document. The trial Judge upheld the objection - holding that(1) the witness not being the author could not testify and(2) the document is not-listed, which was affirmed in a

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