Shelton Upali Paul and KKPS Silva vs EG Dayananda – SC APPEAL 5/2011-2014

In the case between Shelton Upali Paul, Neelawathura Walawe Premawathi (Plaintiff-Appellants) and EG Dayananda (Defendant-Respondent), the Supreme Court addressed whether the District Judge erred by rejecting the Defendant-Respondent’s application under Section 86(2) of the Civil Procedure Code (CPC) without fixing it for inquiry, and whether revisionary jurisdiction under Section 839 of the CPC was appropriately exercised following a wrongful ex-parte order. The court held that a defendant is entitled to an inquiry as to the circumstances of default and that the District Judge was required to provide an opportunity to the Defendant-Respondent to present evidence. The judgment reaffirmed the procedural safeguard that such applications must be inquired into, with the relevant authorities be