Hatton National Bank Limited vs Dillip Palitha Jayadeva Munasinghe – CA NO. 395/2000-2013

The case between Hatton National Bank Limited (Plaintiff/Respondent) and Dillip Palitha Jayadeva Munasinghe, Subhashini Munasinghe, Wedage Jayatissa, and Hewa Kondilage Jayasena (Defendants/Appellants) addressed whether Defendants 2, 3, and 4 were entitled to have ex parte decrees and associated orders against them vacated under Sections 86(2) and/or 839 of the Civil Procedure Code (CPC). It was held that applications to set aside an ex parte decree must strictly comply with the prescribed statutory procedures and that Section 839 (inherent powers) cannot be invoked when a specific remedy exists under Section 86(2), with appeal under Section 88(2) serving as the exclusive recourse. The principle reaffirmed was that statutory procedure cannot be circumvented by appealing to the court’s inhe