Sampath Bank PLC vs. Abeywardane Distributors (pvt) Ltd & Others – CA RII/16/2022-2023

In Sampath Bank PLC v. Abeywardane Distributors (Pvt) Ltd and others, the court examined whether the 3rd Defendant-Petitioner, Isuru Uthpala Abeywardane, was entitled to extraordinary relief by way of revision or restitutio in integrum, despite failing to file a purge default application in the appropriate forum. The dispute centered on the validity of an ex-parte judgment entered by the District Court, specifically with regard to non-service of summons and contradictions in documentary evidence. The application was dismissed on the basis that proper procedural mechanisms, such as remedies under Section 86(2) of the Civil Procedure Code, remained unexhausted by the petitioner. It was held that no manifest illegality could be identified in the original orders. The ruling reasserted the prin

REF: CA RII/16/2022-2023 Category: Tag:
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