Uduruwangala Gedarage Charaka Pathum Galagedara vs. Geethika Sudhirani Samaraweera and Janaka Sampath Samaraweera – SC APPEAL 78/2021-2022

In the case between Uduruwangala Gedarage Charaka Pathum Galagedara (Plaintiff/Appellant) and Geethika Sudhirani Samaraweera with Janaka Sampath Samaraweera (Defendants/Respondents), the court addressed the issue of whether an ex parte judgment entered due to the defendant’s failure to file an answer could be appealed without first purging the default, specifically within the statutory framework set out in sections 84, 86, 87, and 88 of the Civil Procedure Code and section 59 of the Mortgage Act. It was held that, pursuant to the Civil Procedure Code, such ex parte judgments subsist unless and until the defendant properly purges the default in accordance with the procedure provided by law. The court reaffirmed the principle that an appeal is not maintainable unless default is first purged