Haji Omar v. Wickremasinghe and Another – sllr 1999 volume 1 page 082

In the case between Haji Omar (Appellant) and Wickremasinghe & Seylan Bank Ltd. (Respondents), the court addressed the issue of whether an interim injunction could be granted based on prayers in the original plaint, and whether a subsequent petition post-certificate of sale could serve as a valid basis for such injunctive relief. It was held that interim relief must be strictly founded on the original plaint and its specified prayers, and not on subsequent petitions filed after the issuance of the certificate of sale. The principle reaffirmed is that the court’s authority to prevent frustration of its orders must be exercised within the procedural framework established by law. The decision relied on established civil procedure, emphasizing that improper reliance on post-certificate petitio

REF: sllr 1999 volume 1 page 082 Category: Tag:
Scroll to Top