D. G. Mallika v. D. G. Karunaratne et al – CA 358/1998-1998

In the case between D. G. Mallika (Plaintiff/Respondent) and D. G. Karunaratne, H. D. V. Deepani, and others (Defendants/Appellants), the court addressed whether the 2nd Defendant-Appellant’s absence from the ex-parte trial, attributed to illness and substantiated by a medical certificate, justified setting aside the default judgment. The holding established that, despite certain procedural irregularities—such as delays in contacting counsel and filing required documents—the medical evidence tendered was admissible and credible. The principle reaffirmed is that judicial discretion under Section 86(2) must centrally focus on whether a party was genuinely prevented from attending court, emphasizing substantive justice over procedural technicalities. Relying on statutory guidance and existing