Karawita Aarachchige Nihal vs Pepiliyanage Sriyani Manjula Perera and DFCC Vardhana Bank Limited – SC APPEAL 89/2019-2023

In the case between Karawita Aarachchige Nihal (Plaintiff) and Pepiliyanage Sriyani Manjula Perera and DFCC Bank (Defendants), the court addressed whether the Provincial High Court erred by directing the Trial Judge to grant an interim injunction in favor of the 1st Defendant against the 2nd Defendant, given the statutory limitations under section 54 of the Judicature Act and the procedural requirements set out in the Civil Procedure Code. It was determined that an injunction could not be granted to the 1st Defendant against the 2nd Defendant in the absence of a claim in reconvention. The Supreme Court set aside the judgment of the Provincial High Court, restored the District Court’s prior order refusing the injunction, dismissed the injunction petition, and ordered costs against the 1st D