S.L. Dona Siriyawathie and others Vs. S.K.Samaratunga and others – 863/97/L-2011

The case between S.K. Samaratunga (Plaintiff-Respondent) and S.L. Dona Siriyawathie, S.L. Dona Pathmawathie (Defendant-Petitioner-Petitioners), and S.L. Don Bandusena, S.L. Don Wimalasena (Defendant-Respondents) concerned whether the ex parte judgment dated 21 April 2005 and the order refusing to set aside that judgment dated 5 May 2006 of the District Judge of Mount Lavinia should be set aside through revision and/or restitution in integrum. It was held that the petitioners had not established sufficient grounds warranting the setting aside of the ex parte decree or the subsequent refusal to set it aside. The principle reaffirmed was that actions and omissions of an attorney bind the client except in circumstances of fraud, mistake, coercion, or actions contrary to the client’s instructio