Ignatius Brito Kaithan Pulle v. Malcom Susantha Fernando Anandapulle – SC APPEAL 54/2022-2025

In the matter between Ignatius Brito Kaithan Pulle and Malcom Susantha Fernando Anandapulle, the court addressed the issue of setting aside an ex-parte decree. The court held that a spinal injury from a fall is not a reasonable ground to purge default under Section 86(2) of the Civil Procedure Code, and oral evidence, while considered, requires assessment of probative value even if not objected to (‘subject to proof’), and is insufficient on its own without corroboration in proving purge default. The decision reaffirmed the principle that a party seeking to set aside an ex-parte decree must demonstrate sufficient grounds and prompt action. This decision relied on the Civil Procedure Code, emphasizing that inconsistencies in testimony and the unreliability of medical evidence without expert