Kaluwadewage Piyadasa and Kaluwadewage Ariyaratne vs G. D. P. Dharmaratne and Janaka Dharmaratne – CA 442/1998-1998

In the case between Kaluwadewage Piyadasa and Kaluwadewage Ariyaratne (Plaintiffs) and G. D. P. Dharmaratne and Janaka Dharmaratne (Defendants), the court addressed whether the 14-day period prescribed by Section 86(2) of the Civil Procedure Code for filing an application to set aside an ex-parte decree includes all calendar days, including Sundays and public holidays. It was held that the statutory time limit must be strictly construed to include all days without omission. This principle, supported by relevant precedents such as Fernando Vs. Ceylon Breweries Ltd. and The Ceylon Brewery Limited Vs. Jax Fernando, resulted in the affirmation that the petition filed by the Defendant-Appellants was out of time. The court thereby upheld the trial judge’s decision, reinforcing the imperative of