Sudasin Achchige Gunapala vs Ilandari Pedige Nimal Karunaratne – CA NO. 1276/2000-2013

Brief
In the case between Sudasin Achchige Gunapala (Plaintiff) and Ilandari Pedige Nimal Karunaratne (Defendant), the court addressed whether the Defendant, who was absent at trial, had established valid grounds under section 86(2) of the Civil Procedure Code to vacate an ex parte judgment and decree entered against him. It was held that the Defendant did not provide sufficient grounds for his non-appearance, as the evidence suggested his claimed excuse of a vehicle breakdown was not credible. The principle reaffirmed requires that parties seeking to set aside ex parte decrees must demonstrate reasonable cause for default. The determination relied on statutory requirements concerning ex parte judgments and emphasized the necessity for credible and substantiated reasons for absence in such

REF: CA NO. 1276/2000-2013 Category: Tag:
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