To set aside the order of trial court, the High Court should have reasonable basis

There is no reasonable basis upon the High Court to reverse the findings of the trial judge, since the learned District Judge has clearly analyzed the facts of this case and has come to a correct conclusion.

The Supreme Court of the Democratic Socialist Republic of Sri Lanka in the matter of Rajamanthri Gedera Somalatha vs. Wajira Kanthi Rathnasinghe observed that finding of primary facts by trial judges who hear and see witnesses are not to be lightly disturbed on appeal. However, on perusal of the Judgment of the High Court, it was observed that the learned Judges of the High Court have failed to give reasons for rejecting the findings of the learned District Court Judge and the learned High Court Judges are not in a position to re-analyze the facts of the case without having any reasonable ground to do so.

Accordingly, it can be concluded that there is no reasonable basis upon the High Court to reverse the findings of the trial judge, since the learned District Judge has clearly analyzed the facts of this case and has come to a correct conclusion.

Accordingly, the Judges of the Civil Appellate High Court had erred in law when they reverse the judgment of the learned District Judge and the said appeal is allowed.

(Link : http://www.supremecourt.lk/images/documents/sc_appeal_33_2013.pdf)

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