Kankanamge Dayananda vs Wijesekera Liyanage Piyasena – CA 289/1997-2011

The case between Wijesekera Liyanage Piyasena (Plaintiff-Respondent) and Kankanamge Dayananda (Defendant-Appellant) addressed whether the Defendant-Appellant demonstrated sufficient cause to vacate an ex-parte judgment entered under Section 88(2) of the Civil Procedure Code after default. It was held that a mistake by the Defendant’s legal representative concerning the date for filing an answer did not constitute a valid excuse to set aside the ex-parte judgment and decree. The legal reasoning reaffirmed the principle that ex-parte judgments will not be set aside without credible and reasonable grounds, placing the onus on the defaulting party. Reliance was placed on judicial precedents affirming that appellate courts should not disturb findings of primary fact when adequate inquiry has be