Edirisinghe Mudiyanselage Gunamal Ethana Edirisinghe & Samarasinghe Thantrige Chinthaka Samarasinghe vs. Dharmaratne Perera & Others – SC APPEAL NO. 50/2010-2016

In the case between the Plaintiff-Respondents (including Rajapaksha et al.) and the Defendant-Petitioner-Appellants, the Supreme Court examined whether an ex-parte judgment obtained in a land dispute should be set aside due to the default in appearance by the defendants, which was attributed to an error by their registered Attorney in noting the trial date. The main legal issue was whether such an error constituted “reasonable grounds” under Section 86(2) of the Civil Procedure Code for setting aside the ex-parte decree. It was ultimately held that the pleadings failed to establish reasonable grounds for the default, as the evidence—primarily based on affidavits and cross-examination—did not sufficiently justify the absence at trial. The decision reaffirmed the principle that parties must