A.L.A.Ahamed Lebbe vs Mohamed Ali Abdul Wadood – CA NO.1194/2000-2014

In the case between Mohamed Ali Abdul Wadood (substituted by Mohammed Ashraff Mohammed Aswer and others) and A.L.A. Ahamed Lebbe (substituted by Ahamed Lebbe Abuhaneefa and others), the court addressed whether an application to set aside an ex parte judgment and decree under Section 86(2) of the Civil Procedure Code had been filed within the statutory 14-day period following service of the decree. It was held that the statutory 14-day limit is mandatory and strict compliance is required. The findings reaffirmed the principle that an application to set aside an ex parte judgment for default must be made within the stipulated time, and pure questions of law—such as statutory compliance—may be raised for the first time on appeal. The decision relied upon the Civil Procedure Code Section 86(2)