Ranjan Ramanayake v Kaluaratchi and Others – sllr 2004 volume 3 page 274

The case between Ranjan Ramanayake (Plaintiff) and Kaluaratchi and Others (Defendants), involving a dispute arising from a film production partnership, addressed whether the absence of a court-fixed date for the defendant’s answer constituted default under the Civil Procedure Code, and the proper procedure and scope for varying enjoining orders. It was determined that no default could be presumed where the court had not fixed a specific date for the answer, and that the inherent discretionary power exists to vary or discharge an enjoining order where it operates unfairly. Statutory interpretation of Sections 55, 84, 91A, and amended Section 666 of the Civil Procedure Code, together with relevant case precedents, supported the finding. The application for leave to appeal was refused, reaffi