Sister Bernard Vass v. J.M.Somasiri & Kalutara Pradeshiya Sabhawa – CA 566/00-2000

In the case between Sister Bernard Vass (Plaintiff) and J.M. Somasiri (Chairman, Pradeshiya Sabhawa, Kalutara), Kalutara Pradeshiya Sabhawa, and others (Defendants), the court examined whether the District Court properly entered and maintained an ex-parte decree due to the defendants’ failure to defend and whether the subsequent application to vacate such decree was valid under section 86(2) of the Civil Procedure Code. The appellate court determined that the application to set aside the ex-parte decree was not validly filed within the period required by law, as the proper payment of stamp duty and necessary documents were not submitted within 14 days. It was further established that the service of summons had been properly executed, and the appeal itself was out of time. The holding reaff