TS Sinnathuray J (delivering oral judgment):

Under s. 3(3) of the Evidence Act, 'A fact is said to be "proved" when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.' Then subsection 4 deals with 'disproved'. Finally sub-section 5 says 'A fact is said to be 'not proved' when it is neither proved nor disproved.'

It is not often realised that in civil cases, as much as in criminal cases, a party must prove his case before the burden of proof shifts to the other side. In a criminal case the prosecution's burden is a heavy one. In a civil case, it is on a balance of probabilities. But the proof is that the balance must be tilted by the plaintiff before the defendant makes his case.

In this case, after four days of hearing, I invited Mr. Durai for the defendants to address me this morning on the facts. He submits that the plaintiff and his material witnesses are not to be believed. Taken somewhat by surprise, as he may have been, Counsel for the defendants, has nevertheless given instances fr