Abeywardena Wickremasooriya Ranpatabendige Kusumawathy vs Costa Patabendige Anne Sugandika Yasmin Perera – CA NO. 688/96 F-2011

In the case between Abeywardena Wickremasooriya Ranpatabendige Kusumawathy (substituted by Thotahewage Asanka Sanjaya Jayamanne) and, among others, Costa Patabendige Anne Sugandika Yasmin Perera, the Court of Appeal considered whether the District Court had erred in refusing to set aside an ex parte judgment against the 1st Defendant due to her absence at trial. It was held that the Appellant failed to establish a valid explanation for her absence, as the account provided was inconsistent with the official court records and lacked credibility. The findings established that the District Judge’s refusal to vacate the ex parte judgment was justified, reaffirming the principle that diligence and credible explanation are required to set aside a default judgment. This decision relied on the eval