Packiyanathan v. Singarajah – sllr 1991 volume 2 page 205

The case between Packiyananathan (Plaintiff) and Singarajah (Defendant) addressed whether a rehearing of an appeal under section 771 of the Civil Procedure Code is justified when defaults occur due to negligence. It was held that relief is not warranted where the default results from negligence by either the client or the attorney-at-law, as the law attributes the attorney’s negligence to the client. The principle was reaffirmed that maintaining professional standards must not be compromised by excusing continuing negligence. The decision relied on established precedents, including Kalawana Dhammadassi Thero v. Mawella Dhammavisuddhi Thero and Pakir Mohideen v. Mohamadu Casim, underscoring that only inadvertent error may be excused and not ongoing neglect. The appeal was accordingly dismis