Koswatta Muhandiramge Haringtan vs Koswatta Muhandiramge Alexandre – CA NO. 1350/2000-2013

In the case between Koswatta Muhandiramge Haringtan Thamel (Plaintiff) and Koswatta Muhandiramge Alexandre Thamel (Defendant), the court addressed the issue of whether the Defendant was entitled to have an ex-parte judgment and decree vacated on grounds of absence due to illness, supported by a medical certificate. It was determined that the medical evidence provided, indicating treatment throughout September 1997, failed to establish the Defendant’s inability to appear for the hearing held in November 1997. The court reinforced the principle that to succeed in setting aside an ex-parte decree under Section 86(1) of the Civil Procedure Code, the absence must be satisfactorily explained by credible evidence. Emphasis was placed on the sufficiency and relevance of medical evidence in such ap