Ilanganathilakage Premachandra Jayasinghe vs B.K. Steaphen Nikalas – CA 653/98-2013

The case between Ilanganathilakage Premachandra Jayasinghe (plaintiff) and B.K. Steaphen Nikalas (defendant) addressed the issue of whether an order of the District Court, which set aside an ex-parte judgment and permitted the defendant to file an answer after being absent at trial, should be sustained. It was held that the District Judge’s assessment of the defendant’s reasons for absence and the supporting evidence was appropriate, reaffirming the principle that judicial discretion in setting aside ex-parte judgments may be upheld when reasonable cause is demonstrated. Reliance was placed on relevant statutes and established precedent governing the setting aside of ex-parte judgments, underscoring the importance of procedural fairness in civil proceedings and the threshold for purging de

REF: CA 653/98-2013 Category: Tag:
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