Rohan Ajith Jude Silva v. Y.B. Aleckman – SC APPEAL NO. 46/05-2013

In the case between Rohan Ajith Jude Silva (substituted defendant/appellant) and Y.B. Aleckman (plaintiff/respondent), the court addressed issues surrounding the consequences of an attorney’s error in recording a court date, the legal validity of a subsequently filed proxy, the proper interpretation of precedent on default appearance (Kathiresu v Sinniah), and the admissibility of oral versus documentary evidence in an ex-parte decree. It was held that the administrative error constituted a genuine mistake, not negligence, thus sustaining the validity of the proxy and revealing procedural deficiencies in the initial proceedings. The court emphasized that oral evidence cannot supplant available primary documentary evidence and determined that damages from writ execution could not be attribu