Union Trust and Investments Ltd. vs. Madagodage Thusitha Wijesena et al. – SC APPEAL NO. 91/2012-2015

In Union Trust and Investments Ltd. v. Madagodage Thusitha Wijesena, Swarna Wijesena, and Wadisinghe Arachchige Kapilaratne, the court addressed whether execution of an ex-parte decree was precluded by the expiration of ten years under Section 337 of the Civil Procedure Code, and whether deliberate avoidance of service by failing to update addresses amounted to “fraud” that would prevent reliance on the statutory bar. The findings established that intentional evasion of court service after due notice constituted fraud for the purposes of Section 337(2), thereby allowing execution proceedings to proceed beyond the statutory period. The ruling reaffirmed the principle that deceitful tactics to avoid legal obligations would not be permitted to obstruct the enforcement of court orders. Relianc