Haduwalage Somarathne vs Haduwalage Kiritheris – CA NO. 881/98 F-2014

In the dispute between Haduwalage Kiritheris (Plaintiff/Respondent) and Haduwalage Somarathne (Defendant/Appellant), the Court addressed whether the Defendant-Appellant’s application to vacate the ex-parte judgment in D.C. Ratnapura Case No. 9625/L—on grounds of not having received notice of the trial date—warranted relief. It was determined that the Defendant-Appellant and his family had actual notice of the trial date, as they were present in court when it was fixed, rendering the claim of ignorance untenable. The previously disallowed application to vacate the ex-parte judgment was upheld, and the appeal was dismissed. Emphasis was placed on the sufficiency of notice and the responsibility of parties to monitor court proceedings. The decision confirmed that proper court procedure and no