D.G. Yasasiri v. National Development Bank of Sri Lanka – CALA 354/2005-2011

In the case between National Development Bank of Sri Lanka (Plaintiff-Respondent-Respondent) and D.G. Yasasiri (1st Defendant-Petitioner-Petitioner) with S. Ranaweera (2nd Defendant-Respondent), the court considered whether the 1st Defendant should be granted unconditional leave to appear and show cause against a decree nisi entered under the Debt Recovery (Special Provisions) Act. It was determined that the affidavit submitted by the 1st Defendant did not meet the statutory threshold for an acceptable defence under section 6 of the Act. The principle reaffirmed was that defendants must present a substantive defence, and not merely technical objections, within an affidavit to obtain unconditional leave. Reliance was placed on existing statutory and case law standards for leave to defend, e