Ariyawansa De Silva v. Industrial Finance Ltd. – sllr 2003 volume 2 page 193

In the case between Ariyawansa de Silva (Plaintiff) and Industrial Finance Ltd (Defendant, with the deceased’s son as 2A defendant), the court addressed whether the substituted 2A defendant, who did not object during the proceedings, is personally liable for damages under an ex parte decree, and whether the validity of such a decree can be contested at the execution stage. It was held that the substituted 2A defendant, having failed to participate or raise objections during trial proceedings, is bound by the ex parte decree and deemed personally liable for damages as imposed by the court. The principle reaffirmed is that the validity of a decree cannot be challenged at execution if objections were not raised at the appropriate judicial stage. This decision relied upon the provisions of the