Mercantile Credit Ltd. v. Sisira Kumara and Another – sllr 1991 volume 1 page 308

The case between Mercantile Credit Limited and Sisira Kumara and Another addressed whether the requirements of sections 121(2) and 175(2) of the Civil Procedure Code—specifically, the listing of documents—apply to an inquiry under section 86(2) initiated to set aside an ex parte decree. It was held that these provisions pertain exclusively to regular trials and do not extend to inquiries under section 86(2). This interpretation relied on statutory definitions and precedents, affirming that such inquiries are distinct from the standard trial process. The decision set aside the District Judge’s order that had excluded evidence for failure to list documents, clarifying the procedural boundaries governing document admission in applications to set aside default decrees.

Wijeyaratne J. — The s