Punchihewa v. Abeywardena – sllr 1999 volume 1 page 067

In the case between Punchihewa (plaintiff) and Abeywardena (defendant), the court addressed the issue of the legal effect of an abatement order entered ex mero motu, without notice to the plaintiff or his attorney, in the context of a vindicatory action concerning land. It was held that an abatement order made without prior notice constitutes a nullity, rendering the plea of res judicata unsustainable and invalid, and resulting in the dismissal of the appeal. The decision reaffirmed the principle that procedural fairness and notice are fundamental to the validity of judicial orders, particularly those affecting substantive rights. Reliance was placed on the provisions of the Administration of Justice Law (sections 575 and 576(1)) and prior judicial authority, emphasizing that caution is ne