Nirmala Anura Fernando vs Sri Lanka Savings Bank Limited – SC/CHC/APPEAL/81/2014-2024

The case addressed the issue of proper service of summons and the validity of an ex parte decree. The decision determined that the ex parte judgment was set aside after an analysis of conflicting passport entries, process server testimony, and a misapplication of sections 84 and 86(2) of the Civil Procedure Code. The holding reaffirmed that inherent jurisdiction exists to vacate default judgments when reasonable grounds for non-appearance are demonstrated, with reliance on statutory provisions and established case law.

Mahinda Samayawardhena — It was determined that the execution of summons service was flawed based on conflicting evidence, including passport entries that contradicted official reports. It was established that the analysis in the lower court improperly computed the fourt

REF: SC/CHC/APPEAL/81/2014-2024 Category: Tag:
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