Marikkar v. Vanik Incorporation Ltd. and Others – sllr 2006 volume 1 page 281

In Marikkar v. Vanik Incorporation Ltd and Others, the court addressed whether an appellant whose claim was dismissed for non-appearance could seek redress by filing an application for leave to appeal, instead of pursuing the specific remedy under section 247 of the Civil Procedure Code. It was established that where a claim is dismissed in default, the appropriate procedural avenue is to seek relief under section 247 rather than appeal against the ex parte order. Authorities such as Muthu Menika vs. Appuhamy, Marikkar vs. Marikkar, and Isohamine vs. Munasinghe were relied upon, emphasizing that an appeal does not lie from an order made due to absence at an inquiry. The decision reinforced that the availability of a specific statutory remedy precludes resorting to a general appellate proce