Barbara Iranganie De Silva & Malagalage Dona Chanithrie Kanchana Perera vs. Hewa Waduge Indralatha – SC APPEAL NO. 200/2015-2017

In the case between Barbara Iranganie De Silva and Malagalage Dona Chanithrie Kanchana Perera (Plaintiffs) and Hewa Waduge Indralatha (Defendant), the court addressed the issue of whether an order made under Section 86(2) and applied pursuant to Section 88(2) of the Civil Procedure Code should be regarded as an interlocutory order, which would require leave to appeal, or as a final order, granting a direct right of appeal. It was held that such an order, made following a successful application to purge default, was to be treated as a final order, thus affording an appeal as of right under Section 754(1) of the Civil Procedure Code. This holding reaffirmed the principle that the statutory framework distinguishes between interlocutory and final orders in the context of the appellate process,