The Attorney General v. Herath and Another – sllr 2003 volume 2 page 162

In the case between The Attorney General (Plaintiff) and Herath and Another (Defendants), the court addressed whether the failure of counsel to attend fixed trial dates constituted an excusable error or amounted to negligence, thereby affecting the legitimacy of a default judgment entered in the absence of counsel. It was held that such failure must be classified as negligence rather than a mere mistake, supporting the trial court’s dismissal of the application to set aside the default judgment. The decision reaffirmed the principle that diligent attention to all procedural requirements by counsel is essential for the fair administration of justice. Reliance was placed on the procedural standards under the Civil Procedure Code, emphasizing that lapses in legal practice by counsel will not