G. Jayawathie & Others vs H. K. Siriyadasa & Others – CA 423/1997-2011

In the case between G. Jayawathie, P. K. Pathmakanthi, and others (Plaintiffs–Respondents) and H. K. Siriyadasa, H. K. Siriyawathie (Defendants–Appellants), the central issue concerned whether the ex-parte judgment of the District Court of Ratnapura against the defendants should be set aside pursuant to Section 88(2) of the Civil Procedure Code due to the defendants’ absence from trial, allegedly arising from a medical emergency. It was determined that the application to vacate the ex-parte judgment failed due to unreliability and deficiencies in the supporting medical evidence. The principle reaffirmed was that appellate intervention is unwarranted where the trial court’s findings are supported by sound reasoning and there are no convincing grounds to warrant setting aside ex-parte orders