V.A.K.Cisilin Nona alias Pesonahamy v. Gunasena Jayawardana – SC APPEAL NO.190/2012-2016

In the case between V.A.K. Cisilin Nona alias Pesonahamy (Plaintiff-Respondent-Appellant) and Gunasena Jayawardana (Defendant-Appellant-Respondent), the court addressed the issue of whether the District Court proceedings were properly conducted as an ex parte or inter-partes trial, and the requisite procedural safeguards under the Civil Procedure Code. It was held that the trial did not comply with the legal requirements for an ex parte proceeding, as the circumstances necessitated inter-partes hearings, and the appellate court was correct in intervening. The judgment reaffirmed that proper evaluation of evidence, adherence to procedural mandates such as Section 187 of the Civil Procedure Code, and recognition of the appellate court’s power to address pure questions of law are essential. T