3rd Part – to be given to Law Apprentices

at the END of the 2nd Workshop on 6th August 2022

WORKSHOP ON PLEADINGS

Drafting of List of Witnesses & Documents

&
Settling Issues

Presented by

P. Navarathnarajah & Sethukavaler Memorial Foundation

For Law Apprentices

on

6th August

at Faculty of Graduate Studies, University of Colombo

From 1.00pm to 1.45pm

The Answers of the 1st and the 2nd Defendants and the Replication filed by the Plaintiff
are annexed. Names and addresses given are fictitious and do not refer to any person
in living or not in living.

Law Apprentices who are participating in this Workshop are requested to consider
whether any further particulars should be obtained from their respective clients to
prepare the List of Witnesses & Documents and draft the respective LISTS that should
be filed and the ISSUES that should be raised at the trial on behalf of their respective
clients. Law Apprentices should be prepared to discuss the draft Lists & Issues.

Please bring the Civil Procedure Code with you and retain the material provided and
the notes, documents and drafts for the workshop on the drafting of Lists of Witnesses
& Documents & Issues. Please note pleadings should be filed in Court in Sinhala or
Tamil, though drafts are provided to the Law Apprentices in English for the purpose
of the workshop.
 IN THE DISTRICT COURT OF COLOMBO

Mr. Peter Perera of

No.1200, Ward Place, Colombo 08.
PLAINTIFF
vs.
No.00000/D
1. Mrs. Dorothy Perera (nee Silva) of
No.1200, Ward Place, Colombo 08.

2. Daniel Rajapakse of
No.1000, Horton Place, Colombo 07.
DEFENDANTS

On this … … day of ……………….. 2022

The ANSWER of the 1st Defendant above-named appearing by __________

her Registered Attorney, states as follows:

1. The 1st Defendant denies all and singular the several averments in the plaint,
save and except the averments herein after specifically admitted.

2. The 1st Defendant admits the averments contained in paragraphs 1(a), 2(a), and
(b), 3 and 5 of the plaint.

3. The 1st Defendant denies the averments made in paragraphs 1(b), 4, 6, 7, 8, 9,

10, 11, 12, 13 of the plaint.

4. The 1st Defendant denies the averments made in paragraphs 14, 15, and 16 of
the plaint in so far as it concerns and affects this Defendant.

5. Answering paragraph 4 of the plaint, the 1 st Defendant states that the land at
premises No.1200, Ward Place, Colombo 08 described in the Schedule hereto,
was purchased by the Plaintiff in his name with the 1st Defendant’s money and
the house and annex therein were built with the 1 st Defendant’s money for the
benefit of the 1st Defendant and the Plaintiff holds the same in trust for the 1 st
Defendant’s benefit.

FOR A CLAIM IN RECONVENTION AGAINST THE PLAINTIFF

6. The 1st Defendant specifically denies the averments made in paragraphs 6, 8,

11, and 14 of the plaint, that she had an intimate relationship with the 2 nd
Defendant and states that the Plaintiff was unreasonably suspicious and made
baseless allegations against her. The Plaintiff abused, insulted, and assaulted
her often and at times even in the presence of her children and relations. The
Plaintiff was addicted to liquor and continues to consume liquor in excess
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quantities. The Plaintiff has neglected her and the children and has refused to
give her household expenses and continues to do so.

7. The Plaintiff by his conduct made it impossible for her to live with him and she
was compelled by his mental and physical cruelty to living separately from him
in a separate room from August 2019.

8. The marriage has thus broken down due to the fault of the Plaintiff and no
reconciliation is now possible.

9. In the premises aforesaid, a cause of action has accrued to the 1 st Defendant to

obtain a divorce from her bond of marriage with the Plaintiff on the ground of
constructive malicious desertion by the Plaintiff.

10. The Plaintiff is not a fit and proper person to have custody of the three minor
children of this marriage.

11. In the premises aforesaid, the 1st Defendant states that it is in the best interests
of the minor children that custody of the two minor children be granted to her.

WHEREFORE the 1st Defendant prays:

(a) that the Plaintiff’s action be dismissed;

(b) for a divorce from the Plaintiff a vinculo matrimonii;

(c) for interim and permanent custody of her minor children, her daughters, Sonia
Perera, Sriyani Perera and Swarna Perera.

(d) for maintenance for the children in a sum of Rs. _______ per month for each
child;

(e) for an order directing the Plaintiff to execute a conveyance of the premises
bearing assessment No.1200, Ward Place, Colombo 08 described in the
Schedule hereto, in favour of the 1st Defendant; and in the event of his failing to
do so within such time as may be fixed by Court, direct the Registrar of this
Court to execute the said conveyance in favour of the 1st Defendant;

(f) for permanent alimony in a sum of Rs. __________ ;

(g) for costs; and

(h) for such further and other relief as to this Court shall seem.

REGISTERED ATTORNEY FOR 1ST DEFENDANT

 4

Schedule
The land bearing assessment No.1200, Ward Place, Colombo 08, bounded as
follows ____ ____ _____ and ____ and in extent _____ perches.

REGISTERED ATTORNEY FOR 1ST DEFENDANT

 5

IN THE DISTRICT COURT OF COLOMBO

Mr. Peter Perera of

No.1200, Ward Place, Colombo 08.
PLAINTIFF
vs.
No.00000/D
1. Mrs. Dorothy Perera (nee Silva) of
No.1200, Ward Place, Colombo 08.

2. Daniel Rajapakse of
No.1000, Horton Place, Colombo 07.
DEFENDANTS

On this … … day of …………….. 2018

The ANSWER of the 2nd Defendant above-named appearing by ____________

his Registered Attorney, states as follows:

1. The 2nd Defendant denies all and singular the several averments in the plaint,
save and except the averments herein after specifically admitted.

2. The 2nd Defendant admits the averments contained in paragraphs 1(a), 2(a) and
(b) of the plaint.

3. The 2nd Defendant is unaware of the averments contained in paragraphs 3, 4, 5,

7 and 9 of the plaint and therefore denies same and puts the Plaintiff to the
strict proof thereof.

4. The 2nd Defendant denies the averments contained in paragraphs 1(b), 6, 8, 11

and 12 of the plaint, in so far as it concerns the 2nd Defendant.

5. The 2nd Defendant is not concerned with or affected by the averments contained
in paragraphs 10 and 13 of the plaint.

6. The 2nd Defendant specifically denies the averments contained in paragraphs

14, 15 and 16 of the plaint.

FOR A CLAIM IN RECONVENTION AGAINST THE PLAINTIFF

7. The 2nd Defendant states that he has had no intimate relationship with the 1 st
Defendant as falsely alleged by the Plaintiff and has not had an affair or been
interested in having any affair or other such relationship with the 1 st Defendant.
The Plaintiff has filed this action against the 2 nd Defendant maliciously and
without any reasonable or probable cause. The Plaintiff has made deliberately
false allegations with an ulterior and or malafide and or improper motive.
 6

8. The 2nd Defendant is a member of the legal profession. He is not married but
intends to get married in the near future.

9. The Plaintiff has by making the aforesaid false allegations and instituting this
action against the 2nd Defendant caused the 2nd Defendant immense pain of
mind and damaged the 2nd Defendant’s reputation, career, and marriage
prospects. The action of the Plaintiff is an abuse of the process of this Court.

10. The 2nd Defendant estimates the loss and damage suffered by him thereby at
Rs. _____

11. In the premises aforesaid, a cause of action has accrued to the 2 nd Defendant to
recover from the Plaintiff damages in a sum of Rs. _______ with interest and
costs, which said sum the Plaintiff has failed and neglected to pay though
thereto demanded.

WHEREFORE the 2nd Defendant prays:

(a) that the Plaintiff’s action be dismissed;

(b) for judgement against the Plaintiff in a sum of Rs. ________ with legal interest
thereon from date hereof to date of decree and thereafter with further legal
interest on the aggregate sum adjudged from date of decree till payment in full;

(c) for costs; and

(d) for such further and other relief as to this Court shall seem.

REGISTERED ATTORNEY FOR 2ND DEFENDANT

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IN THE DISTRICT COURT OF COLOMBO

Mr. Peter Perera of

No.1200, Ward Place, Colombo 08.
PLAINTIFF
vs.
No. 00000/D
1. Mrs. Dorothy Perera (nee Silva) of
No.1200, Ward Place, Colombo 08.

2. Daniel Rajapakse of
No.1000, Horton Place, Colombo 07.
DEFENDANTS

On this … … day of ……………. 2020

The REPLICATION of the Plaintiff above-named appearing by ____________ his

Registered Attorney, states as follows:

1. The Plaintiff denies all and singular the several averments in the Answer of the
2nd Defendant, save and except those averments that are admissions of the
averments in the plaint.

2. The Plaintiff joins issue with the 2nd Defendant on the several denials contained
in the Answer of the 2nd Defendant and reiterates the averments in his plaint.

3. The Plaintiff specifically denies the averments contained in paragraphs 7, 9, 10

and 11 of the 2nd Defendant’s Answer.

4. The Plaintiff specifically pleads that no cause of action has accrued to the 2 nd
Defendant to make the alleged claim in reconvention and the averments in the
2nd Defendant’s Answer do not disclose any cause of action to make the alleged
claim in reconvention against the Plaintiff.

WHEREFORE the Plaintiff prays:

(a) that the 2nd Defendant’s claim in reconvention be rejected and or dismissed;

(b) that the Plaintiff be granted the relief prayed for in the plaint;

(c) for costs; and

(d) for such further and other relief as to this Court shall seem meet.

REGISTERED ATTORNEY FOR PLAINTIFF