Rev. E.H. Palitha et al. vs Kurugamage Kingsley Perera – SC APPEAL 30/2022-2024

The case concerned whether an explanation based on an Attorney’s alleged mishearing of the filing date constituted reasonable grounds under section 86(2) of the Civil Procedure Code to vacate an ex parte judgment. The proceedings addressed the evaluation of witness credibility and the propriety of appellate interference with the trial court’s factual findings. It was determined that deference must be given to the trial judge’s unique advantage in observing live evidence, leading to the restoration of the District Court’s decision that awarded judgment in favor of the plaintiffs along with costs.

Mahinda Samayawardhena, J. — In a detailed opinion, it was determined that the defendant’s reliance on the Attorney’s claim of mishearing the filing date did not provide sufficient grounds to