Seylan Bank PLC v Lebbe Mohomed Razik – sllr 2009 volume 2 page 139

In SEYLAN BANK PLC v. LEBBE MOHOMED RAZIK, the court addressed whether a decree nisi made absolute under Section 6(3) of the Debt Recovery (Special Provisions) Act constitutes a final judgment within the meaning of Section 754(5) of the Civil Procedure Code, and if a leave to appeal application may be legitimately entertained against such an order. It was held that the making absolute of a decree nisi is a final judgment, thereby precluding any leave to appeal application under Section 754(2) of the Civil Procedure Code. The legal analysis was grounded in the interpretation of the Debt Recovery Act’s operative provisions together with the Civil Procedure Code. The decision emphasized that once the decree nisi is made absolute, it conclusively determines the rights of the parties in the deb