D. R. M. R.T. Ranjith Eheliyagoda vs K. A. Dhanapala – C,A 130/1997 F -2011

The case between D. R. M. R.T. Ranjith Eheliyagoda (Plaintiff-Appellant) and K. A. Dhanapala (Defendant-Respondent) addressed whether the District Judge was correct in setting aside a default judgment dismissing the plaintiff’s action due to his and his representative’s absence. It was held that the application of Section 87(3) of the Civil Procedure Code required only “reasonable grounds” to justify restoration, a standard less stringent than “sufficient cause.” The decision confirmed that prompt and genuine explanations, corroborated by evidence, could satisfy this threshold. Reliance was placed on established principles governing appellate review of trial findings and the statutory language of Section 87. The outcome reaffirmed that judicial discretion under Section 87 should not be dis

REF: C,A 130/1997 F -2011 Category: Tag:
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