Dharmasena v. Rajendra – sllr 2003 volume 3 page 269

In the case between Dharmasena (Plaintiff-appellant) and Rajendra (Defendant-respondent), the court addressed the issue of whether an order setting aside an ex-parte judgment qualifies as a final judgment or order, thereby allowing a direct right of appeal under Section 88(2) of the Civil Procedure Code. It was held that such an order constitutes an order with the effect of a final judgment for purposes of appeal, reaffirming the principle that the decisive nature of an order permitting or precluding further litigation is determinative of appealability. This decision relied on the provisions of the Civil Procedure Code and previously established case law, emphasizing that orders with substantive legal effect may give rise to a right of final appeal under the Code.

Dissanayake J. — Upon r