Kariyawasam Haputanthri Gamage Mahinda Padmasiri vs M.G. Donald Thalgaswala – CA CASE NO. 1299/2000-2018

In the case between Kariyawasam Haputanthri Gamage Mahinda Padmasiri (Plaintiff) and M.G. Donald (Defendant), the court addressed whether the Defendant was properly denied his application to set aside an ex parte decree ordering ejectment, arrears of rent, and damages, when the Defendant’s justification relied solely on his own oral testimony and the unavailability of his medical witness. It was held that the Plaintiff’s legal entitlement to the reliefs was established at the ex parte trial, and the Defendant’s inability to adduce corroborative medical evidence or provide credible reasons for absence justified upholding the decree. The findings reaffirmed the principle that the credibility of reasons for default at an ex parte hearing is paramount and that Section 116 of the Evidence Ordin