SL Advocacy

  Debt Recovery, Evidentiary Value of Bank Statements, and Admissions by Silence in Commercial Disputes Pasan Madanayake vs. DFCC Bank PLC     SC/CHC/Appeal No.38/2023     Decided On: 26.03.2026 . HELD: The Supreme Court affirmed the judgment of the Commercial High Court in favor of the Plaintiff Bank . The Court held that a certified copy of an entry in a banker's book is admissible as prima facie evidence under Section 90C of the Evidence Ordinance . Furthermore, in business matters, the failure to reply to a formal letter of demand asserting a state of facts amounts to an admission of those facts . The Court also distinguished between statutory parate execution and voluntary commercial conveyances, holding that once properties are transferred to settle a debt via a valid deed, the debtor cannot subsequently claim the bank was acting as an agent obligated to refund excess proceeds . Introduction In the complex realm of commercial banking and debt recovery,...

Representation vs. Personal Appearance in Summary Procedures under the Civil Procedure Code Joseph Romesh Sherhan Caderamanpulle vs. Ceylon Paper Sacks Limited  SC/APPEAL/81/2011     Decided On: 26.03.2026  HELD: The Supreme Court determined that under Section 382 of the Civil Procedure Code, a court cannot dismiss a petition instituted by way of summary procedure strictly on the ground of the petitioner’s personal absence if they are duly represented by an Attorney-at-Law . In instances where both parties are represented by counsel, the procedure outlined in Sections 384 to 387 of the Code is triggered, requiring the inquiry to commence with the respondent stating their objections . Introduction The intersection of personal presence and legal representation in civil litigation often presents procedural challenges. In the recent judgment of Caderamanpulle v. Ceylon Paper Sacks Limited (SC/APPEAL/81/2011) , the Supreme Court of Sri Lanka clarified a critical aspec...