Fernando v. Ceylon Petroleum Corporation – sllr 1997 volume 1 page 141

In the case between Fernando (plaintiff‑respondent) and Ceylon Petroleum Corporation (defendant‑appellant), the court addressed the issue of whether an application for leave to appear and defend unconditionally was filed within the proper time period, and the proper interpretation of Section 705(3) of the Civil Procedure Code versus the time period prescribed in Form 19. It was held that the District Judge’s refusal of leave was based on a technical calculation of time and failed to consider the substance and justifiability of the defence. The holding reaffirmed the principle that technical or formal defects should not override the assessment of whether a reasonable defence disclosing a triable issue has been raised. The decision relied upon the inherent conflict between statutory provisio