Fernando v. Ceylon Brewerys Ltd. – sllr 1998 volume 3 page 061

In Fernando (Plaintiff-petitioner) v. Ceylon Brewerys Ltd. (Defendant-respondent), the court addressed the interpretation and application of key provisions of the Civil Procedure Code regarding the computation of the 14-day period for excusing default, specifically whether Sundays and public holidays are to be excluded, and the effect of the amended section 753 on revisional jurisdiction. It was determined that the calculation of the 14-day period under section 86(2) requires inclusion of Sundays and public holidays and that such provision is directory, not mandatory, thereby permitting substantial compliance. The court reaffirmed the principle that substantive justice must be prioritized over technical procedural delays, especially under the revised powers of revision provided by Act No.