Warnakulasuriya Ponnakuttige Alex Milroy Fernando v. Bank of Ceylon Head Office – CA L.A 257/2005-2005

In the case between Warnakulasuriya Ponnakuttige Alex Milroy Fernando (Plaintiff-Respondent) and the Bank of Ceylon (Defendant-Petitioner), the court addressed the validity of an interim injunction restraining the Bank of Ceylon from auctioning the plaintiff’s mortgaged property. The court determined that the District Court’s issuance of the interim injunction was not in accordance with the procedural requirements and that later statutory amendments restricting such actions did not apply retroactively to the case. Established legal principles regarding the prospective operation of statutes and the necessity for proper party addition were reaffirmed, with reliance placed on relevant statutory provisions, including the Civil Procedure Code and the Bank of Ceylon Ordinance. The decision under