W.G. Alwis v. Shabir Omar – CALA 515/2005-2011

The case between Shabir Omar (Plaintiff-Respondent-Respondent) and W.G. Alwis (Defendant-Petitioner) addressed whether an order of abatement should issue under section 402 of the Civil Procedure Code after the plaintiff allegedly failed to move for service of the decree following an ex-parte decree. It was held that upon entry of an ex-parte decree, no further step was required from the plaintiff to prosecute the action, and that service of the decree related to execution rather than prosecution. The defendant, not having purged default under section 86(2) of the CPC, was found to lack locus standi to make the application. The court reaffirmed that the plaintiff was not in default, relying on statutory interpretation and legal precedent, establishing that abatement was not warranted where