Court reserves order in School Development Society case

By L.B. Senaratne

Kandy Acting District Judge Ms. Pearl Karaliyadde reserved the order that was to have been made on October 27 in the case filed against the Kandy Girls' High School Development Society by three members of the Society, two of whom are teachers of the school.

The order was reserved for January 4, 2007.

District Judge Banduka Nissanaka Karunartne, on the earlier date when the case was taken up, said that if any of the parties present wished to submit written submissions, they should do so before October 20 by a motion and fixed the order for October 27, 2005.

Judge Karunaratne had previously ordered the Defendants in the Kandy Girls' High School’s School Development Society application to file in Court within sixty days the accounts of the Society audited by a Chartered Accountant.

The defense lawyers on the earlier date took up the position that Section 16 of the Civil Procedure Code had not been complied with and that therefore the case should be dismissed.

Defense Counsel Harilal Wickramaratne submitted to Court that there was a serious error in filing the case in that the Plaintiffs had not satisfied court by adhering to the provisions of Section 16, and sought the indulgence of the court to dismiss the plaint.

He said that by filing this case the Plaintiffs are seeking to bring discredit to the first defendant Principal.

Counsel for the Plaintiff Lal Wijenaike said that the order of the Court has not been carried out and read the relevant order. He said that paragraphs 16, 17 and 18 in the plaint applies in this case and what is sought was a declaratory order.

In this case, W.Y.M.W.A. Jayawardene - a tutor of the school and a member of the SDC, Jayantha Wickramasoorya - a parent and member of the SDS and a tutor Seevali Ariya Kulasinghe of the School and a member of the SDS had filed a plaint before the Kandy District Court citing as respondents, the Principal of the school Mrs. H.M. Wataliyadde, a tutor of the school and the Treasurer of the SDS Mrs. J.M. Abeykoon, Ms. J.A.B. Abenayake a tutor of the school and also the General Secretary of the SDS and S.B. Dammunupola a member of the SDS and also the Assistant Secretary by virtue of the fact that his daughter is a student of the school.

The Plaintiffs and respondents in this case were present in Court when the case was taken up on the 27th October 2006.
Attorney-at-Law Ms. Kumari Abeyratne appeared on the last date.