Wijesekara vs Jayasuria – clr volume 2 page 112

The case between Wijesekara (Plaintiff) and Jayasuria (Defendant) addressed the issue of whether a judgment entered prior to the commencement of the Civil Procedure Code could be revived and executed, notwithstanding the expiration of limitation periods prescribed by the new Code. It was held that pre-Code judgments must be governed by the legal framework in force at the time of their issuance, specifically section 5 of Ordinance No. 22 of 1871, as preserved by section 2 of the Civil Procedure Code, and that section 337 of the Code did not retroactively extinguish rights preserved under the prior law. The court directed that the district judge’s rejection of the execution application be set aside, remanding the case for further proceedings and clarifying that costs of appeal are to be awar