Colombo Buddhist Theosophical Society vs. Meringahage Mangala Pushpakumara Fernando – SC APPEAL NO. 92/2018-2023

In the case between the Colombo Buddhist Theosophical Society (Plaintiff) and Meringahage Mangala Pushpakumara Fernando (Defendant), the court addressed the propriety of an ex parte hearing and judgment following the Defendant’s failure to file an answer, and the judicial process for setting aside a default under Sections 84, 86, and 88 of the Civil Procedure Code. It was determined that statutory provisions warranted the ex parte hearing given the Defendant’s absence and failure to respond. The attempt to purge default—citing illness—was found insufficient to satisfy the standard of “reasonable grounds.” Upon review, the appellate process and the discretion exercised by the revisionary court in declining to disturb the ex parte judgment were affirmed. The appeal was dismissed, and parties