G. M. M. Majeed v. G.R.W.M. Weerakoone and Jayantha Fernando – SC APPEAL NO. 61/2012-2012

In the case between G.R.W.M. Weerakoone and Jayantha Fernando (Plaintiff-Respondents) and G. M. M. Majeed (1st Defendant-Petitioner), the court addressed whether an ex-parte judgment entered by the District Court, without proper analysis or production of evidence, satisfied Sections 84, 85, 86, and 87 of the Civil Procedure Code. It was held that the mechanical entry of judgment, without substantive evidentiary examination, constituted a nullity. The principle was reaffirmed that ex-parte judgments must be grounded in clear evidence and due judicial consideration, not mere procedural formality. The decision relied on the procedural standards contained in the Civil Procedure Code, emphasizing that judgments unsupported by evidence are subject to revision and may be set aside.

Anil Goonerat

REF: SC APPEAL NO. 61/2012-2012 Category: Tag:
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