Caderamenpulle vs Caderamenpulle – CA 512/2002/LA-2002

In the matter between Joseph Romesh Sherhan Caderamenpulle and others (substituted for the deceased original petitioners) and J.M.C. Caderamenpulle and A.J.M.V. Caderamenpulle, the court addressed whether parties in default—who did not attend an inquiry—may seek to set aside an ex parte probate recall order on the ground of procedural irregularity, without first purging their default. It was determined that a party who fails to raise procedural objections at the earliest stage is deemed to have waived them, unless the lack of jurisdiction is patent. The holding reaffirmed the principle that relief cannot be granted to a party in default unless default is purged, except in revision proceedings. The decision relied on established procedural rules under the Civil Procedure Code and relevant a