Somatilaka Bandara vs Peoples Bank – sllr 2005 volume 2 page 010

In the case between Somatilaka Bandara (Plaintiff) and Peoples Bank (Defendant), the court addressed the issue of whether an order making a decree nisi absolute under the Debt Recovery Act amounts to a final judgment or remains an interlocutory order, and if leave to appeal is permissible against such an order. It was held that the impugned order, once absolute, conclusively disposes of the parties’ rights and thus constitutes a final judgment under Section 754(5) of the Civil Procedure Code. The principle reaffirmed is that orders with final effect on parties’ rights are not subject to interlocutory appeal, reinforced by statutory interpretation and case law such as Siriwardana vs Air Ceylon Ltd. The applications for leave to appeal were dismissed, emphasizing that finality attaches to or