Raigamage Darmadasa Perera vs Raigamage Jinadasa Perera – CA NO. 308/2000-2013

The case between Raigamage Darmadasa Perera and Raigamage Jinadasa Perera considered whether a District Judge correctly refused to set aside the dismissal of the plaintiff’s case for non-appearance, despite the plaintiff’s explanation of illness supported by medical evidence. It was determined that the District Judge failed to properly apply Section 87(3) of the Civil Procedure Code, which mandates setting aside a dismissal if reasonable grounds are shown for non-appearance. The holding underscores that statutory procedure must be observed when considering evidence of illness as justification for default, with the court required to weigh supporting certificates and corroborative testimony. The case clarifies the standard for restoring actions after dismissal due to absence occasioned by il