Rani Lokugalappaththi vs Hilary Howard Dunstan De Silva – SC APPEAL NO/117/2013-2015

In the case between Hilary Howard Dunstan De Silva and Rani Lokugalappaththi, the court addressed the issue of whether the lower courts misappreciated the evidence concerning the Appellant’s absence at trial, specifically the relevance and authenticity of a medical certificate from an Ayurvedic doctor and the consideration of the Appellant’s medical condition. The court held that sufficient reasonable grounds for default had been established and determined that the lower courts failed to consider the totality of evidence. The proper interpretation and application of Section 86(2) of the Civil Procedure Code were reaffirmed, emphasizing the necessity of giving due weight to all available evidence rather than unduly strict evaluation of minor inconsistencies. The decision relied on principle

REF: SC APPEAL NO/117/2013-2015 Category: Tag:
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