K. Mary Margaret Fernando vs. W.M. Seneviratne – SC APPEAL 39/2013-2013

In the case between W. Justin Fernando (substituted by K. Mary Margaret Fernando) and W.M. Seneviratne, the court examined whether the Defendant’s default at trial could be purged under Section 86(2) of the Civil Procedure Code through the submission of medical evidence. The central issue addressed was the sufficiency and validity of a medical certificate, which indicated clinic attendance but not hospitalisation, in justifying the setting aside of an ex parte judgment. The Defendant’s repeated non-appearance and procedural lapses led to an ex parte judgment, with subsequent attempts to purge default evaluated differently by the District Court and the High Court of Civil Appeal. It was ultimately determined that the Defendant failed to provide adequate justification to purge default. The S