N.A Thilakarathna Ediriweera vs T.M Nandawathi Thennakoon – CA NO. 507/99 F -2013

In the case between T.M. Nandawathi Thennakoon (Plaintiff/Respondent) and N.A. Thilakarathna Ediriweera (Defendant/Appellant), the court addressed whether an order of the District Judge refusing to set aside a judgment entered in default—after execution of the decree—may be appealed as of right under Section 754(1) of the Civil Procedure Code. It was held that no such appeal lies as of right in this context, particularly where the application under Section 839 was made only after due execution of the decree, and where summons had been duly served and procedure followed. The decision confirmed that procedural regularity and appropriate statutory authority limit the scope of appealable orders, reaffirming the principle that appellate rights do not arise from refusals to set aside default jud