Abdeen v. Manel Dahanayake – sllr 1997 volume 3 page 071

In ABDEEN v. MANEL DAHANAYAKE, the court addressed whether a trial court’s dismissal of an action for default of appearance, entered ex parte, constituted an inter partes determination and whether such an order is appealable under the Civil Procedure Code. It was held that dismissal for default under section 87(1) is not made inter partes when neither the plaintiff nor the registered Attorney is present, and an attorney appearing solely for the purpose of tendering a medical certificate does not alter this status. The principle reaffirmed is that an order entered ex parte on default of appearance does not provide a right of appeal under sections 87(1) and 88(1) of the Civil Procedure Code. This determination emphasizes the statutory limitation on appellate recourse for orders dismissing ac