Elle Gedara Pinehi Amma vs Bulugahamulle Gedara Seelawathie – CA CASE NO. 641/1999(F)-2017

In the case between Elle Gedara Pinehi (Pinchi) Amma and Bulugahamulle Gedara Jayawardena (Plaintiffs/Appellants) versus Bulugahamulle Gedara Seelawathie (deceased) and others (Defendants/Respondents), the court addressed the issue of whether a dismissal of the Plaintiffs’ action for want of appearance—specifically due to alleged illness—should be set aside on the strength of the medical evidence tendered. It was held that the medical testimony provided, being credible and uncontradicted, sufficiently established that the 1st Plaintiff’s absence was excusable. The court reaffirmed the principle that unchallenged and probable evidence, especially from independent medical witnesses, must be properly considered in applications to purge default. Reliance was placed on relevant precedents empha