Pujaseeli v. Pematilake – sllr 1994 volume 3 page 305

Brief
In Calistus Perera v. Nawange, the court addressed whether a judge, upon granting a postponement conditional on prepayment of costs, may enter judgment against a party for non-payment absent a full adjudication on the merits. It was held that judicial discretion under Sections 82, 91A, and 143 of the Civil Procedure Code is strictly limited; judgment cannot be entered against a party solely for failure to comply with a conditional order where no consent is given and no determination of the merits occurs. The decision reaffirmed the necessity for adjudication on the merits and restricted the power of imposing sanctions so as not to interfere with substantive rights. Past precedents and strict statutory interpretation formed the basis for the decision, resulting in the setting aside of