Chandrawathie v. Dharmaratne and Another – sllr 2002 volume 1 page 043

In Chandrawathie v. Dharmaratne and another, the court addressed the admissibility of an affidavit filed by the registered attorney, rather than the plaintiff, in an application to set aside a dismissal under section 87(3) of the Civil Procedure Code. It was held that, despite deficiencies regarding the affidavit’s affirmation method and its authorship, the affidavit by the attorney provided sufficient explanation for the plaintiff’s absence. The decision reaffirmed the principle that strict compliance with affidavit formalities should not override substantive justice where an adequate explanation for default is evident. The judgment relied on sections 87(3), 168, 181, and 438 of the Civil Procedure Code, underscoring that the filing of an affidavit by the attorney, in the circumstances, s