Senanayake Arachchilage Chandana Sarath Kumararathna vs. Sri Lanka Insurance Corporation – SC APPEAL NO: 90/2021-2023

In the case between Senanayake Arachchilage Chandana Sarath Kumararathna (Plaintiff) and Sri Lanka Insurance Corporation (Defendant), the court addressed whether a default in appearance, caused by recording the incorrect trial date, constituted negligence or a genuine excusable mistake under Section 86(2) of the Civil Procedure Code. The holding determined that such an error by the attorney amounted to negligence for which the defendant must be held accountable, reaffirming the principle that attorneys bear an inherent duty to verify court dates and demonstrate due diligence. This conclusion was reached by applying established statutory standards and legal precedents, clarifying that legal relief under Section 86(2) is not available where default results from attorney negligence. The decis