Anthiya Neeladevi vs Safar Shiraz jeevunjee and other – CA RI/09/2018-2021

In the case between Safar Shiraz Jeevunjee (Plaintiff) and Anthiya Neeladevi (1st Defendant) with Jude Tyrone Philip (2nd Defendant), the court addressed the validity of a decree entered against the 1st Defendant for non-payment of pre-ordered costs following an adjournment. The central issue concerned whether the 1st Defendant’s alleged consent to the order—imposing payment as a condition for proceeding—was valid, particularly given her inability to understand Sinhala and the absence of a Tamil translator. It was held that insufficient evidence existed to establish informed or explicit consent on the part of the 1st Defendant, rendering the district court’s order invalid as a “consent judgment.” The decision reaffirmed the principle that consent orders must reflect clear, informed agreeme