Uralaliyanage Caroline Perera vs People’s Bank – SC APPEAL 69/2007-2017
In the case between Uralaliyanage Caroline Perera (later represented by a substituted party following her death) and People’s Bank, the court addressed the issue of a trial judge’s authority under Section 87(3) of the Civil Procedure Code to inquire into and vacate dismissals made under Section 87(1), along with the appellate rights of an aggrieved plaintiff in such scenarios. It was held that the District Court exceeded its jurisdiction in setting aside the dismissal order, reaffirming the principle that orders dismissing actions for non-appearance, as per Sections 87 and 88 of the Civil Procedure Code, are final and subject to strict statutory requirements. This conclusion followed a detailed procedural history involving attempts at substitution following the death of the plaintiff and c

