W.K.M.D.Perera v. People’S Bank – sllr 1994 volume 2 page 344

The case between W. K. M. D. Perera (Plaintiff) and People’s Bank (Defendant) addressed the issue of whether revisionary relief should be granted to a defendant in proceedings under the Debt Recovery (Special Provisions) Act, particularly concerning the requirement to obtain leave to appear and show cause against a decree nisi. It was held that the petitioner seeking such relief must demonstrate clean hands and provide compelling evidence to substantiate any defence, such as claiming a cheque was provided as security rather than as payment for a debt. The findings established that the petitioner failed to meet this evidentiary burden and that issuing a cheque with insufficient funds, without adequate justification, precludes entitlement to equitable relief. This decision reaffirmed the pri