Warnakulasooriya Mahalekamge Raymond Peter, Fernando Mahalekam DC and Oil Mils Kuliyapitiya vs Union Trust and Investment Ltd – CA 136/99 F -2012

In the matter of Union Trust and Investment Ltd (previously Maharaja Investment Ltd) versus Warnakulasooriya Mahalekamge Raymond Peter and Fernando Mahalekam DC and Oil Mills, the court addressed whether a default judgment entered under Section 703 of the Civil Procedure Code (CPC) could be set aside under Section 707 CPC on the basis of “special circumstances,” where the defendant failed to apply for leave to defend within the prescribed period. It was held that proper procedure was followed in issuing and executing the decree, and no sufficient “special circumstances” were shown to warrant setting aside the judgment, thus affirming the principle that substantive procedural requirements must be adhered to and that lengthy delay without adequate explanation cannot constitute a basis for re