W.W. Punchi Banda vs P.N.W. Premarathna – CA 121/00 F -2013

In the case between P.N.W. Premarathna (Respondent) and W.W. Punchi Banda (Appellant), the court addressed the issue of whether the District Judge of Kandy erred in refusing the Defendant-Appellant’s application to vacate the ex parte judgment delivered on 19.11.1998. It was determined that the Defendant-Appellant had failed to provide sufficient reasons or documentary proof for his absence at the trial held on 13.08.1998, particularly lacking credible medical evidence and failing to instruct his attorney in a timely manner. The court reaffirmed the principle that parties seeking to set aside ex parte judgments must present satisfactory and substantiated grounds for non-appearance. Reliance was placed on the factual matrix and legal standards applicable to applications to vacate ex parte j