Krishnapillai v. Shanmugarajah and Others – sllr 1980 volume 2 page 023

In the case between Krishnapillai (plaintiff) and Shanmugarajah and others (defendants), the court addressed the issue of whether notice requirements under section 54(3) of the Judicature Act, No.2 of 1978, and section 666 of the Civil Procedure Code can be waived, specifically when counsel appears for the defendant in an application to set aside or vary an interim injunction. It was held that the appearance of counsel amounts to an unequivocal waiver of the right to notice, thereby rendering the injunction inter-partes. The holding reaffirmed the principle that statutory provisions enacted for a party’s benefit, such as notice requirements, can be waived by that party, and once waived, the procedural history will reflect the inter-partes nature of the proceedings. The decision relied on t