BOOK REVIEW TITLE : THE LAW RELATING TO DEBT RECOVERY (SPECIAL PROVISIONS) ACT NO. 2 OF 1990 AS AMENDED. (SANSHODITHA 1990 ANKA 2 DARANA NAYA APASU AYAKARAGENIMÉ (VISHESHÁ VIDIVIDANÃ)PANATHATA ADALA NEETHIYA) EDITOR : J. M. RANJITH PERERA SENIOR COUNSEL ATTORNEY-AT-LAW H. M. SISIRA KUMARA BANDARA ATTORNEY-AT-LAW PUBLISHER : AN AUTHOR PUBLICATION Reviewed by Hemantha Situge

BOOK REVIEW

TITLE            :      THE LAW RELATING TO DEBT RECOVERY (SPECIAL PROVISIONS) ACT NO. 2 OF 1990 AS  AMENDED. (SANSHODITHA 1990  ANKA 2 DARANA  NAYA  APASU AYAKARAGENIMÉ (VISHESHÁ VIDIVIDANÃ)PANATHATA  ADALA  NEETHIYA)

EDITOR        :      J. M. RANJITH PERERA

                             SENIOR COUNSEL

                             ATTORNEY-AT-LAW

                             H. M. SISIRA KUMARA BANDARA

                             ATTORNEY-AT-LAW

PUBLISHER :      AN AUTHOR PUBLICATION

Reviewed by Hemantha Situge

e-mail : hsituge@gmail.com

blog : Hemantha Situge@blogspot.com

The magnum opus entitled : “The Law Relating to Debt Recovery (Special Provisions) Act No. 2 of 1990 as amended” (Sanshoditha 1990 Anka 2 Darana Naya Apasu Ayakaragenimé (visheshá vidividanã) panathata adala neethiya) written by Senior Counsel J. M. Ranjith Perera Attorney-at-Law assisted by H. M. Sisira Kumara Bandara Attorney-at-Law was released recently. This opus is indeed a rare invaluable addition to the legal literature of Sri Lanka.

Though the law relating to the Debt Recovery was introduced to us well over two decades ago apparently it is widely considered that it contains merits and demerits in our law.

It was way back in the year of 1938 that first book of law in the Sinhalese language emerged entitled : ‘My Lawyer’ (Magé Neethgnayâ) written by B. J. Fernando a then Proctor of the Supreme Court of Ceylon. This book ran into several editions; in 1939 the second edition, the third edition in 1950 revised fourth edition was done by his wife Lakshmi Fernando a Proctor of the S.C. with a forward written by Dr. Colvin R. de Silva, that eminent Advocate of the day. The book is now unheard and unknown apparently buried in the whirligig of time.

However, this was not the first occasion that law was made known to the public in the Sinhalese language. Advocate Herbert Sri Nissanka later King’s Counsel pioneered in releasing a Sinhalese journal entitled : Raja Niti (Raja Neethi) in 1925 where extracts of some of the statutes were translated into the Sinhalese language.

There was phrase coined in the legal arena as “like Silindhu” that in the double murder committed by villager Silindhu-- aptly based for the Bloomsbury group English novel “Beddegama” by Leonard Woolf, that well known Colonial Civil Servant,--- stood at the Defendants dock mum, were unable to understand the happening of the Court of law where he was unaware of the procedure that he was sentenced to death.

Though the Extraordinary Gazette bearing No. 1/6 dated 07^th September 1978 it was allowed the use of English Language to maintain any record and conduct in any court of law in the country. The books on Sinhalese and Tamil languages have since Sri Lanka was made a Republic it became a sine qua non in our original courts of law.

The reviewer finds a large amount of Sinhalese law books are released day by day. Some of these books are written by Attorneys-at-Law and laymen alike. But how many of these books are written by legal practitioners. This reviewer is of the fervent opinion that most of these books are mere compendiums. How many of these could make an impact towards the legal system of the country?

J. M. Ranjith Perera a Senior Counsel – a busy eminent practitioner in law ably assisted by H. M. Sisira Kumar Bandara Attorney-at-Law has filled the void that hitherto existed on one of the most abstruse part of civil law namely the Law Relating to Debt  Recovery (Special Provisions) No. 2 of 1990 as amended. His path breaking opus is not a mere book it is an eminent commentary/ study on the subject.

The reviewer read and re-read this indispensable book, found replete with thirty six reported and unreported judgements pronounced by the superior Courts with an easy reference index guide culled with pertinent extracts of the Sinhalese statute and more appropriately from the English statute. The book spans into 191 pages of pure bliss for the legal practitioner. The book contains the extract from Hansard of the Parliament which the intention of the legislature is found and where there was hue and outcry from the members of the Parliament introducing this statute was a draconian piece of legislation.

Senior Counsel A. M. Ranjith Perera’s treatise on ‘Law Relating to Debt Recovery Act No. 2 of 1990 as Amended’ has trail the blaze by his maiden book in not only educating the layman, law students and further for the busy legal practitioners, this reviewer advocates that the book would be an essential guide. Undoubtedly this book would serve as a vade mecum for all these wide array of readership.

 It was way back in the year of 1938 that first book of law in the Sinhalese language emerged entitled : ‘My Lawyer’ (Magé Neethgnayâ) written by B. J. Fernando a then Proctor of the Supreme Court of Ceylon. This book ran into several editions; in 1939 the second edition, the third edition in 1950 revised fourth edition was done by his wife Lakshmi Fernando a Proctor of the S.C. with a forward written by Dr. Colvin R. de Silva, that eminent Advocate of the day. The book is now unheard and unknown apparently buried in the whirligig of time.    However, this was not the first occasion that law was made known to the public in the Sinhalese language. Advocate Herbert Sri Nissanka later King’s Counsel pioneered in releasing a Sinhalese journal entitled : Raja Niti (Raja Neethi) in 1925 where extracts of some of the statutes were translated into the Sinhalese language.     There was phrase coined in the legal arena as “like Silindhu” that in the double murder committed by villager Silindhu-- aptly based for the Bloomsbury group English novel “Beddegama” by Leonard Woolf, that well known Colonial Civil Servant,--- stood at the Defendants dock mum, were unable to understand the happening of the Court of law where he was unaware of the procedure that he was sentenced to death.    Though the Extraordinary Gazette bearing No. 1/6 dated 07th September 1978 it was allowed the use of English Language to maintain any record and conduct in any court of law in the country. The books on Sinhalese and Tamil languages have since Sri Lanka was made a Republic it became a sine qua non in our original courts of law.    The reviewer finds a large amount of Sinhalese law books are released day by day. Some of these books are written by Attorneys-at-Law and laymen alike. But how many of these books are written by legal practitioners. This reviewer is of the fervent opinion that most of these books are mere compendiums. How many of these could make an impact towards the legal system of the country?    J. M. Ranjith Perera a Senior Counsel – a busy eminent practitioner in law ably assisted by H. M. Sisira Kumar Bandara Attorney-at-Law has filled the void that hitherto existed on one of the most abstruse part of civil law namely the Law Relating to Debt  Recovery (Special Provisions) No. 2 of 1990 as amended. His path breaking opus is not a mere book it is an eminent commentary/ study on the subject.    The reviewer read and re-read this indispensable book, found replete with thirty six reported and unreported judgements pronounced by the superior Courts with an easy reference index guide culled with pertinent extracts of the Sinhalese statute and more appropriately from the English statute. The book spans into 191 pages of pure bliss for the legal practitioner. The book contains the extract from Hansard of the Parliament which the intention of the legislature is found and where there was hue and outcry from the members of the Parliament introducing this statute was a draconian piece of legislation.    Senior Counsel A. M. Ranjith Perera’s treatise on ‘Law Relating to Debt Recovery Act No. 2 of 1990 as Amended’ has trail the blaze by his maiden book in not only educating the layman, law students and further for the busy legal practitioners, this reviewer advocates that the book would be an essential guide. Undoubtedly this book would serve as a vade mecum for all these wide array of readership.

CITATION FOR BESTOW OF THE AWARD DOCTOR OF LITERATURE (D. Lit.) TO PROFESSOR EMERITUS ANANDA ABEYSIRIWARDENA RENDERED INTO ENGLISH BY HEMANTHA SITUGE

CITATION FOR

BESTOW OF THE AWARD

DOCTOR OF LITERATURE

(D. Lit.)

The name Ananda Abeysiriwardene has carved a niché in the annals of wisdom preceded in glamour, braveness that has spearhead for victory. He was destined to be born in this island on 20^th of November 1938, where he had his primary and his secondary education from several institutions of Southern Sri Lanka. That is in between 1944 and 1963 on the year 1964 he choosed Ceylon University College of Peradeniya commenced his University career. On the year 1968 Ananda was awarded a Sinhalese degree with Honours where his erudition in Sinhala echoed, re-echoed and it reverberated by achieving his degree in Masters in the year 1971. In the year 1987 he was bestowed the honour of achieving his Phd from the University of Kelaniya. This erudite savant was acclaimed to have an exponent in Pali Prakrit and Sanskrit languages by the achievement of his degree awarded as Rajakeeya Pandit bestowed by the Oriental Languages Society in 1974. Concurrently he was awarded Sri Pagngnananda award, and the Odirishamy Award for his scholarly achievements in 1983 he won the British Council scholarship and from Vidyodaya Piriven “Sri Sumangala Vidyathavansé” much coveted honourary degree in 2008.

From 1986 upto date he is known as a lecturer for the freshers of the Vidyodaya Pirivena. He also serves as a seminar lecturer for the Pracheena Pandit final year oriental students. He also functions as the Treasurer of the student body of the Vidyodaya. He also served/ serves as a visiting Lecturer for the University of Colombo, University of Ruhuna University of Sabaragamuwa, University of Pali and Buddhist of Sri Lanka and Aesthetic University and as a member of the said faculties, he also adorned as a director of the Aesthetic University. In the year 1969 when he commenced his career as an Assistant Lecturer in the University of Kelaniya, after achieving his Phd reaches the zenith of his career as a Senior Professor by rendering yeoman services. At the University of Kelaniya he has graced as the Head of the Faculty, as the Dean of Human Resources and as a member of the Senate. Apart from the educational sphere his ingress as the Chairman of the National Literature Sub Committee was in 2006. From the year 2004 on two occasions he functioned as the Chief Editor of the Sinhalese Dictionary has adorned by becoming instrumental on variety of 12 volumes of dictionaries as Professor Emeritus. He has made an enormous contribution as a resource person to the Sri Lanka Examinations Department, National Social Development Institution, Aquinas University College, Department of Cultural Affairs, Literature Advisory Board, Mahavansa Compilation Board, Sinhala Encyclopedia Office, Oriental Language Society, National Library and Services Board, Government Printing Corporation and National Languages Department. Apart from the Sinhala Dictionary he has written/ Authored over 100 of literary and scientific papers for reputed literary journals and has delivered erudite literary lectures specially to the Pali and the Buddhist University which is etched in their history from the year 1983 the date of inspection of the Buddhist and Pali University, and to the Vidyodaya Pirivena as a visiting lecturer and as an adviser and as a member and as a invigilator and as a writer his scientific contribution has bestowed like a mighty colossus in the said arena. Professor Emeritus Ananda  Abeysiriwardena is bestowed the honour of Doctor of Literature the Buddhist and Pali University from us for his aptly reputed credentials.