Aganpodi Gauthamadasa Mendis Gunasekera vs Rathnaseeli Perera and two others – CA RII/0010/2018-2023

In the case between Aganpodi Gauthamadasa Mendis Gunasekera (“Navodaya”) and Rathnaseeli Perera with others (defendants from DC Moratuwa), the court addressed whether an appearance by counsel on behalf of the plaintiff constitutes valid representation despite the plaintiff’s absence at trial, and the propriety of dismissing a case under section 87(1) when such representation exists. The findings established that representation by counsel must be deemed sufficient to prevent dismissal for default under section 87(1), and that revision and restitutio in integrum provide the appropriate remedy where a case is wrongly dismissed on procedural grounds. The decision relied on statutory interpretation and judicial precedents affirming that dismissal in the absence of default requires judicial revi