K.B. Yapa v. K.M. Chandrawathie – CA NO.1003/97 F -1997

In the case between K.M. Chandrawathie (Plaintiff-Respondent) and K.B. Yapa (Defendant-Appellant), the court addressed the validity and timeliness of an application to purge default and vacate an ex-parte decree pursuant to Section 86(2) of the Civil Procedure Code. It was held that service of the decree on a Saturday is valid, as Saturdays are not considered public holidays within the meaning of the Holidays Act No. 29 of 1971. The court reaffirmed that in computing the 14-day statutory period for such applications, only Sundays and public holidays are to be excluded, not Saturdays. This determination relied on statutory interpretation and Supreme Court precedent, resulting in the finding that the Defendant’s application was not out of time. The appellate court set aside both the District