Arangallage vs. Herath and Bank of Ceylon – SC APPEAL NO. 45/2011-2011

In the case between A. Arangallage (Plaintiff-Petitioner-Appellant) and Pauline Herath and Bank of Ceylon (Defendant-Respondents), the court addressed the issue of whether the auction sale of the Appellant’s property qualified as an ordinary sale—thus attracting the doctrine of laesio enormis—or whether it fell within the court-authorized sale exception. It was determined that the sale, having been conducted pursuant to a writ and under court supervision, did not fall within the ambit of laesio enormis. The findings established that the Petitioner’s objections regarding inadequacy of price were both untimely and unsustainable under relevant legal principles. The court relied on the Civil Procedure Code and established case law, affirming that sales under court authority are excepted from t