M B Leelawathie and others Vs. L Wijeratna – CA 1282/96 F-1996

In the case between L Wijeratna (Plaintiff-Respondent) and S H L Gunaseeli De Silva, formerly M B Leelawathie (Defendant-Appellant), the court addressed whether the district judge erred in proceeding with an ex parte trial and judgment against the defendant despite representation by an attorney-at-law. The court held that the district judge’s immediate recourse to an ex parte trial, despite the presence of legal counsel for the defendant, constituted a procedural error. This reaffirmed the principle that when a party, even if absent in person, is represented by counsel, section 84 read with section 24 of the Civil Procedure Code requires that representation to be recognized, ensuring the right to a fair hearing. The decision relied on statutory provisions of the Civil Procedure Code and pr