Dombawela Dhammika Thero vs Manikpurage Kirineris – CA NO. 255/2000-2014

In the case between Dombawela Dhammika Thero, Viharadhipathy and Trustee of Kolawenigama Rajamaha Vihara, Kolawenigama (Plaintiff) and Manikpurage Kirineris, Mavuldeniya, Kolawenigama (Defendant), the court addressed whether the Defendant was entitled to have the ex-parte judgment and decree against him vacated under section 86(1) of the Civil Procedure Code. It was held that the Defendant had been given all procedural opportunities to contest the matter and had failed to provide any satisfactory explanation for the default. The principle was reaffirmed that the burden rests on the defaulting party to explain the absence and that mere procedural participation is insufficient if critical steps, such as a formal request to lead evidence, are not taken. The decision relied upon a review of pr