S.Ranaweera vs A.K.Alawatugoda (nee) Fernando – CA NO.940/98 F -2013

In the case between A.K. Alawatugoda (nee Fernando), as substituted plaintiff-respondent, and S. Ranaweera and Mohammed Hussain, defendant-appellants, issues arose regarding the validity of orders made in the absence of the defendants and the sufficiency of notice in proceedings relating to the substitution of a deceased plaintiff. It was held that the District Judge of Mt. Lavinia erred both in procedure and law by making orders on 25.11.1992 without proper notice to the defendants, and by relying on purported representation that was not authorized. The principle reaffirmed is that orders made in breach of natural justice, particularly where valid notice is lacking, are null and void. The decision was based on the Civil Procedure Code, relevant case law, and the foundational requirement o