The People’s Bank vs. M.H. Saman Wijesekera, V. Chithrani de Silva Jayasuriya, and Chamila Dilanthi Wijesekera – SC APPEAL NO. 191/2017-2023

In the case between The People’s Bank (Plaintiff–Respondent) and M. H. Saman Wijesekera, V. Chithrani de Silva Jayasuriya, and Chamila Dilanthi Wijesekera (Defendants/Appellants), the central issue addressed was whether the High Court erred by dismissing the appeal when neither the appellant nor his counsel appeared, specifically in light of the court’s duty under Section 769 of the Civil Procedure Code to consider the merits prior to dismissal. It was held that the dismissal was justified due to the negligence of the appellants and their attorney in failing to attend the scheduled hearing, reinforcing the requirement that parties must exercise due diligence and treat every court date as a definitive hearing appointment. The principle reaffirmed is that non-appearance without a satisfactor