Seynath Umma v. Rajabdeen – sllr 1997 volume 2 page 134

In Seynath Umma v. Rajabdeen, the court addressed whether the District Judge had properly directed himself in rejecting the defendant’s medical certificate and at what stage the defendant was entitled to appear and present a defence under section 86(2) of the Civil Procedure Code after the repeal of section 86(1). In proceedings for ejectment, the defendant—a 75-year-old woman—failed to appear at trial due to illness and later produced a medical certificate, which was rejected by the trial court on the grounds it was not submitted before the ex parte hearing date. Upon appeal, it was established that this constituted a misdirection regarding both factual circumstances and the applicable law, as section 86(2) governs the procedure following the repeal of section 86(1). The Supreme Court all