Anuradhapura Nandawimala Thero vs R M Dharamatissa Herath – 159/2010-2018

In the case between R M Dharamatissa Herath (Plaintiff–Respondent) and Anuradhapura Nandawimala Thero (Defendant–Appellant), the court addressed whether the ex-parte judgment for malicious prosecution was legally valid despite procedural irregularities. It was determined that the Plaintiff–Respondent had established each element of malicious prosecution, including the defendant’s instigation of proceedings, the lack of reasonable or probable cause, and malice. The court upheld the findings of the District Court and the High Court, concluding the evidence was adequate under Section 187 of the Civil Procedure Code and relevant constitutional provisions. The damages awarded, including punitive elements, were found reasonable, and the Defendant–Appellant was ordered to pay both damages and cos