L Ajith Thilakarathne De Silva vs Warnakulasuri Josep Victor Daberera – SC APPEAL NO. 234/2014-2019

In Warnakulasuri Josep Victor Daberera v. L Ajith Thilakarathne De Silva, the Supreme Court examined the propriety of an order by the Additional District Judge that required the Defendant to deposit the full claimed amount as a condition for appearance in an action to recover Rs. 4,000,000 based on a cheque issued in settlement of a debt. The key legal issues were whether the imposition of this condition was justified under chapter LIII of the Civil Procedure Code and whether the Defendant’s subsequent revision application—filed years after the operative order and decree—warranted intervention on the grounds of alleged procedural or substantive error. It was determined that the Defendant had neither challenged the order requiring payment nor demonstrated exceptional circumstances meriting

REF: SC APPEAL NO. 234/2014-2019 Category: Tag:
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