Rupika Shyamali Thilakaratne & Chittrananda Thilakaratne vs Mapa Seneviratne Adikaram Mudiyanselage Tikiri Banda – CA NO. 163/2000 F-2013

The case between Rupika Shyamali Thilakaratne and Chittrananda Thilakaratne (Plaintiffs) and Mapa Seneviratne Adikaram Mudiyanselage Tikiri Banda (Defendant) addressed whether the Plaintiffs’ claim for a declaration of title to land had been wrongfully dismissed due to non-appearance at trial, and whether reasonable grounds existed to set aside the dismissal under Section 87(3) of the Civil Procedure Code. The holding established that the Plaintiffs provided sufficient reason for non-appearance based on diary entries and lack of contradiction by the Defendant. The principle reaffirmed was that a court must examine the reasonableness of absence when considering applications to vacate dismissals of actions for non-appearance. The findings relied on Section 87(3) of the Civil Procedure Code,