Believers Church vs. Paneer Selvam Jenita Enriya – SC/HCCA/LA 184/2023-2024

In the case between Believers Church (Petitioner) and Paneer Selvam (substituted by Paneer Selvam Jenita Enriya, et al.), the court addressed whether an aggrieved party against a default judgment must proceed by final appeal or by seeking leave to appeal. The court determined that the specific procedure under Section 88(2) of the Civil Procedure Code, as interpreted in light of recent statutory amendments (Acts No. 5 of 2022 and No. 17 of 2022), mandates a final appeal route and not leave to appeal, particularly in view of the non-retrospective application of the amendments. The leave to appeal was dismissed, each party bearing its own costs, reaffirming the principle that procedural remedies must align with the precise statutory mechanism prescribed for default judgments. Reference was ma