N.G.S. Rajaratne vs Leena Abeywickrema – CA 992/99 F -2013

In the case between Leena Abeywickrema (Plaintiff/Respondent-Respondent) and N.G.S. Rajaratne (Defendant/Defendant-Appellant), the issue concerned whether the District Court of Gampaha properly refused to set aside an ex parte judgment and decree entered against the Defendant-Appellant for failure to file an answer. It was established that the grounds advanced by the Defendant-Appellant—illness and attorney’s negligence—did not satisfy the requirements under Section 86(2) of the Civil Procedure Code for purging default and setting aside the judgment. The court reaffirmed the principle that only compelling, substantiated reasons supported by evidence can justify vacating an ex parte judgment, and mere allegation of attorney negligence or unsupported claims of illness are insufficient. This