Menikdiwela Senevirathnage Chandrasiri Sisira Kumara vs Hapuarachchige Jayaratne Perera – SC APPEAL 147/16-2017

In the case between Menikdiwela Senevirathnage Chandrasiri Sisira Kumara and Hapuarachchige Jayaratne Perera (with additional parties including Seylan Securities and Finance (Pvt.) Ltd. and the Registrar, Land Registry), the court addressed the validity of an ex parte decree and the requirements for adequate service under the Civil Procedure Code. It was determined that, while the High Court commented generally on Section 84 regarding the conduct of ex parte proceedings, the critical issue centered on the sufficiency and credibility of service of the decree on the 1st Defendant. The findings established that discrepancies existed in the service process, and that the Defendant’s absence was supported by credible medical evidence. The High Court’s decision to permit the Defendant to purge th