Meegahawatta Muhandiramlage Mohomad Junaid Mohomad Siddik vs Deni Weerakoon Ratnayake – CA NO. 559/97 F-2013

The case between Meegahawatta Muhandiramlage Mohomad Junaid Mohomad Siddik (plaintiff/appellant) and Deni Weerakoon Ratnayake and D.D. Kusuma Gunasekera (defendants/respondents) centered on whether the plaintiff’s application to set aside the dismissal of his case for absence at trial was made within a “reasonable time” and whether there were reasonable grounds for his non-appearance, as required by Section 87(3) of the Civil Procedure Code. The court held that the plaintiff failed to satisfy both requirements — the application to reinstate was made over five months late without adequate explanation for the delay, and insufficient justification was provided for his absence on the day of dismissal. This decision reaffirmed the principle that applications to set aside a dismissal under Sect

REF: CA NO. 559/97 F-2013 Category: Tag:
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