Anthony Upali de Silva Vs. Mahatheva Muralitharan – CA RII 56/2023-2025

In the matter of Anthony Upali de Silva and Mahatheva Muralitharan, the court addressed the issue of an application for Restitutio-in-Integrum under Article 138 of the Constitution to set aside an ex parte judgment and decree. The court held that fixing an ex parte trial on a calling date when the defendant had filed an answer was illegal, thereby setting aside the ex parte order and directing a fresh inter partes trial. This decision reaffirmed the principle that such procedural irregularities taint the proceedings. This decision relied on Article 138(1) of the Constitution, Section 84 of the Civil Procedure Code, and precedents including Kandasamy v. Kandasamy, Donsimange Kanchana vs Diyapaththugama Vidanelage Sirisena Samarasinghe, and Rajasingham v. Seneviratne and Another, emphasizing