Colombo Buddhist Theosophical Society vs Meringahage Mangala Pushpakumara Fernando – CP/HCCA/KA/N/02/2015-2023

In the case between Colombo Buddhist Theosophical Society (Plaintiff) and Meringahage Mangala Pushpakumara Fernando (Defendant), the primary legal issue concerned the validity and propriety of an ex parte hearing and default judgment entered under Section 84 of the Civil Procedure Code. The matter also addressed whether the Defendant’s attempts to purge default under Section 86 were adequate, and the jurisdictional limits on appellate review as per Section 88. It was held that neither the conduct of the ex parte proceedings at District Court nor the subsequent affirmation by the Civil Appellate High Court was erroneous. The principle reaffirmed was that strict adherence to statutory procedure is required in matters of default and revision, and that appellate intervention is limited to erro