Wanni Aratchige Emmanuel Fernando vs Pannila Mohottalalage Sunil Gunadasa – CA 570/98 F -2013
In the case between Pannila Mohottalalage Sunil Gunadasa (Plaintiff-Respondent-Respondent) and Wanni Aratchige Emmanuel Fernando (Defendant-Petitioner-Appellant), the court addressed whether the District Judge’s order of 26.05.1998—refusing to vacate an ex parte judgment due to the defendant’s failure to file an answer—should be set aside on appeal. It was held that the District Judge’s decision was correct, establishing that explanations for procedural default must be substantiated with evidence, and procedural fairness is maintained where adequate opportunities are given. This decision reaffirmed the principle that the efficient administration of justice requires adherence to procedural rules and that appellate intervention is unwarranted without error in the exercise of discretion, rely

