Erangika Patuwatha Withana vs Kuda Widana Nimmuli Ramya De Silva Weerasooriya – CA RII/0007/2024-2025

In the case between Kuda Widana Nimmuli Ramya De Silva Weerasooriya (plaintiff) and Erangika Patuwatha Withana, R.M. Banduwathi, and Thanura Dakshitha Helabage (defendants), the court addressed the propriety of an ex-parte order issued by the District Judge when both parties were absent and the defendant had already filed an answer. It was held that the District Judge’s order fixing an ex-parte trial was irregular and must be set aside, with the petitioners permitted to file an amended answer upon return of the record. This determination reaffirmed the principle that an ex-parte trial may not be ordered under section 84 of the Civil Procedure Code except under statutory conditions, specifically disallowing such orders where both parties are absent. Reliance was placed on statutory provisio