Arulampalam Gnaneswaran and Suganthini vs Kasilingam Sritharan and Manohari – SC APPEAL NO. 104/2017-2023

In the case between Arulampalam Gnaneswaran and Suganthini (Plaintiff-Respondent-Appellants) and Kasilingam Sritharan (1st Defendant-Appellant-Respondent) and associated parties, the court addressed the limitation period for filing an application under Section 86(2) of the Civil Procedure Code to set aside an ex parte decree. It was held that the application had to be filed within a strict 14-day period following the decree, and the time computation could not exclude Sundays or public holidays. The court reaffirmed the principle that rigid compliance with statutory timeframes affecting the court’s jurisdiction is mandatory, and departure is not permitted. This decision followed the rationale of precedents, including the Ceylon Brewery case, emphasizing that non-compliance with the 14-day r