Abeysinghe v Commercial Bank of Ceylon – sllr 2008 volume 1 page 369

The case between Commercial Bank of Ceylon (plaintiff-respondent) and Abeysinghe (defendant-appellant, with substituted heirs) addressed the issue of whether an order for abatement under Section 402 of the Civil Procedure Code can be granted after a judgment and decree have been entered. It was held that abatement under Section 402 is not available once a final judgment has concluded the trial stage, as only ministerial execution steps remain, reaffirming the principle that prosecution obligations end with judgment. Reliance was placed on the proper interpretation of the Civil Procedure Code, with particular emphasis on business correspondence silence constituting implied admission. The decision upheld the execution proceedings, confirming that the appeal against the lower court’s order wa