Gunaratne Vs. Translanka Investments Ltd. and Another – sllr 1991 volume 2 page 001

In the case between the Plaintiff‑Respondent, who instituted a mortgage bond action, and the Defendant‑Appellant, who previously consented to judgment but subsequently defaulted on payment and sought to set aside the property sale, the court addressed the issues of whether a sale executed under decree on a mortgage bond could be invalidated based on material irregularity in publication, and the interpretation of Section 282 of the Civil Procedure Code. The findings established that the Defendant’s application failed to set forth sufficient grounds under Section 282(2), especially considering the prior consent and procedural shortcomings. The decision reaffirmed the principle that when a party consents to judgment and fails to establish adequate grounds with supporting particulars, the sale

REF: sllr 1991 volume 2 page 001 Category: Tag:
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