Rev. Galboda Sumangala Thero vs. Rev. Welihelathenne Somaloka Thero and others – SC APPEAL 76/2010-2018

In the case between Ven. Galboda Sumangala Thero (original Plaintiff and temporary trustee of Niththawela Rajamaha Viharaya, Kandy, later substituted by Rev. Welihelathenne Somaloka Thero) and several Defendant-Appellants including ChandasekeraWasala Mudiyanselage George Chandrasekera, ChandasekeraWasala Mudiyanselage Anuradha (alias Arty) Chandrasekera, and Rev. Arambegama Saranankara Thero, the Supreme Court considered whether the Plaintiff’s absence at trial, attributed to serious illness and a forgotten trial date, provided sufficient grounds under Section 87(3) of the Civil Procedure Code to justify the restoration of the action. The dismissal by the District Court for non-appearance was later vacated upon presentation of supporting medical evidence, with the case being re-fixed for t