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IN THE DISTRICT COURT OF COLOMBO

Portable Power Providers Ltd., of

No.666, Light House Road, Fort,
Colombo 01.
Plaintiff
vs.

P________ Perera of No.777, Araliya

Gardens, Mount Lavinia.
Defendant

On behalf of the Plaintiff, I tender herewith the Plaintiff’s List of Witnesses and
Documents and move for summons on the witnesses.

Plaintiff’s List of Witnesses

1. Mr. A. Antony, Sales Manager of Plaintiff Company.

2. Mr. R. Rodrigo, Salesman of Plaintiff Company.

3. Mrs. K. Kariawasam, Legal Officer of Plaintiff Company.

4. ____________ , Electrical Engineer

5. Plaintiff.

6. Defendant.

Plaintiff’s List of Documents

1. Invoice dated 30th April 2022 issued by the Plaintiff Company and signed by the
Defendant.

2. Instruction Book issued with the generator. (Defendant to produce the original).

3. Letter of demand dated 09th August 2022 sent by the Plaintiff Company to the
Defendant. (Defendant to produce original).

Colombo, ____ ____________ 2023

REGISTERED ATTORNEY FOR PLAINTIFF

Copy sent by Registered Post
to Defendant’s Registered Attorney.
Registered Postal Article Receipt
annexed in proof thereof.
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IN THE DISTRICT COURT OF COLOMBO

Portable Power Providers Ltd., of

No.666, Light House Road, Fort,
Colombo 01.
Plaintiff
vs.

P________ Perera of No.777, Araliya

Gardens, Mount Lavinia.
Defendant

On behalf of the Defendant, I tender herewith the Defendant’s List of Witnesses and
Documents and move for summons on the witnesses.

Defendant’s List of Witnesses

1. Mr.S. Silva of No.779, Araliya Gardens, Mount Lavinia.

2. Mr.F. Fernando of No.775, Araliya, Gardens, Mount Lavinia.
3. Officer-in-Charge, Mount Lavinia Police Station to produce or cause to be produced
statements made by Mr.S. Silva, Mr. F. Fernando and Mr. P. Perera on 3rd May 2022
and inquiry notes.
4. Mr. Nandasiri of ____________
5. Editor, Nandha Newspaper, to produce or cause to be produced the Nandha
Newspaper dated 30th April 2022.
6. Post Master of Mount Lavinia Post Office to produce the documents.
7. Defendant.
8. Plaintiff.

Defendant’s List of Documents

1. Nandha Newspaper dated 30th April 2022.

2. Customer copy of the Invoice dated 30th April 2022 issued by the Plaintiff.
3. Receipt for Rs.750,000/= issued by the Plaintiff Company.
4. Letter dated 09th August 2022 from the Plaintiff to the Defendant.
5. Letter dated 18th August 2022 and its postal article from the Defendant to the Plaintiff.
(Plaintiff to produce original)

Colombo, ____ ____________ 2023

REGISTERED ATTORNEY FOR DEFENDANT

Copy sent by Registered Post
to Plaintiff’s Registered Attorney.
Registered Postal Article Receipt
annexed in proof thereof.
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ADMISSIONS

1. Paragraph 1 of the plaint

2. Jurisdiction of this Court

3. That the Defendant signed the Invoice marked “A” with the plaint.

4. That the Defendant paid a sum of Rs.750,000/= to the Plaintiff.

5. Defendant admits receipt of letter dated 9th August 2022.

NB (Plaintiff may require the Defendant to also admit (a) that the Plaintiff sold a 10 kilo
watt generator to the Defendant and (b) that the Defendant accepted delivery of the
generator bearing serial number 88888. The Defendant may say that his admissions
are qualified and any admission should be recorded as set out in his Answer.)

PLAINTIFF’S ISSUES

1. Did the Plaintiff sell and deliver to the Defendant a 10 kilo watt generator for the
price of Rs.3,000,000/= ? (May not be necessary if the Defendant is compelled to
admit it).

2. Is a balance sum of Rs.2,250,000/= due from the Defendant to the Plaintiff as prayed
for in the plaint ?
3. If so, is the Plaintiff entitled to judgment as prayed for in the plaint?

DEFENDANT’S ISSUES

1(a) Did the Plaintiff represent to the Defendant that the diesel generator sold by it to the
Plaintiff was a silent model suitable for homes?

(b) Did the Defendant make the aforesaid payment and take delivery of the said diesel
generator relying on the said representation of the Plaintiff?

(c) Was the said representation false?

2. Was the said generator fit for the purpose of the Defendant?

3. Has the Defendant requested the Plaintiff to take back the said generator and refund
the aforesaid payment?

4. Has the Defendant replied to the Plaintiff letter of Demand by his letter dated 18 th
August 2023.

5 If issues 1(a) (b) (c) and 3 are answered in the affirmative OR issue 2 in the negative
and issue 3 in the affirmative, is the Defendant entitled to judgment as prayed for in
its Answer ?
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CONSEQUENTIAL ISSUES OF THE PLAINTIFF

1. Was the said generator test run and demonstrated to the Defendant?

2. Did the Defendant take delivery of the said generator after examining and being
satisfied with it?

3. Has the Defendant acquiesced in the said purchase?

4. Is the Defendant guilty of laches?

5. Is the Defendant estopped by his conduct from now rejecting the said generator?

6. If any of the above issues are answered in the affirmative, should the Defendant’s
claim in reconvention be dismissed?