Gunasekera v. Archbishop Of Colombo And Others – sllr 2005 volume 2 page 253

In the case between Gunasekera (plaintiff) and the Archbishop of Colombo and Others (defendants), the court addressed whether an application under Section 666 of the Civil Procedure Code to vacate an ex-parte interim injunction is time-barred, the correct procedure for canvassing such ex-parte orders, and the sufficiency of evidence to establish the plaintiff’s share in partitioned property. It was held that Section 666 does not prescribe a time bar and that ex-parte interim injunctions must be first challenged before the issuing court. The findings established that the plaintiff failed to prove an entitlement to an 1/8th share due to non-production of relevant deeds, limiting the claim only to the portion described in the partition decree. The decision reaffirmed principles from establish