Mahadura Chandradasa Thabrew vs Sirisena Liyanage – CA NO. 360/2000-2013

In the case between Mahadura Chandradasa Thabrew alias Mahadura Chandrasiri Weerawardena (Plaintiff) and Sirisena Liyanage (Substituted by Manoj Priyankara Liyanage as Defendant-Appellant), the court addressed whether a conditional order for pre-payment of costs, consented by a party for postponement of proceedings, was enforceable as a basis for judgment upon non-compliance. It was held that where a party expressly consents to a conditional order for payment of costs by a specified time, and fails to fulfill this explicit undertaking, judgment may properly be entered against that party. The ruling reaffirmed the principle that parties are bound by their consent orders, and breach of such conditions—absent proof of impossibility—warrants enforcement in accordance with the original agreemen