Dabare v. Appuhamy – sllr 1980 volume 2 page 054

In the case between the plaintiff/respondent and the appellant concerning an ejectment action, the court addressed the effect of a Magistrate’s dismissal of the plaintiff’s earlier action for non-appearance, specifically whether such dismissal operates as res judicata in subsequent proceedings. The holding established that the order of dismissal, even if arrived at via an incorrect procedure, remained within the Magistrate’s jurisdiction and constituted res judicata. This reinforced the principle that procedural errors in the dismissal do not nullify the validity or jurisdictional competence of the initial order. Reference was made to precedents such as Herath v. The Attorney General and Dharmadasa v. Piyadasa Perera, with the court emphasizing the finality and effect of properly entered o