Abu Haneefa vs. Wadoof and Others – sllr 2014 volume 1 page 226

The case between Abuhaneefa (Substituted 1A Defendant – Petitioner – Appellant) and Wad oof and Others (Substituted Plaintiff Respondents) addressed whether an application to vacate an ex parte decree under Section 86(2) of the Civil Procedure Code must be filed within the mandatory 14-day period. It was determined that strict compliance with this statutory time frame is required, and a liberal interpretation of “reasonable grounds” cannot serve to overcome a breach of this procedural requirement. The decision reaffirmed the principle that jurisdictional provisions must be meticulously followed, relying on procedural statutes and relevant case law, and establishing that any deviation from mandatory timelines is not permitted even where equitable arguments are presented.

Chitrasiri J. — I