Shashika Wickremasinghe v. Lal Amarasinghe – CA RII No 134/14-2022

In Lal Amarasinghe v. Shashika Wickremasinghe and Moratuwa Municipal Council, the dispute centered on whether an ex parte decree was properly entered against the 1st Defendant after the Registered Attorney declared “no instructions” in court, and whether such a declaration amounts to an absence of appearance under Section 84 of the Civil Procedure Code. The court determined that the mere presence of a Registered Attorney, who neither withdrew nor expressly disavowed appearance, constitutes a valid appearance, thus precluding an ex parte trial. The prior proceedings from 21 June 2011 were set aside and a fresh inter-partes trial was ordered, reaffirming the principle that representation by a Registered Attorney continues unless explicitly renounced. This relied on interpretations of Section