The Ceylon Brewery Limited v. Jax Fernando, Proprietor, Maradana Wine Stores – sllr 2001 volume 1 page 270

In the case between The Ceylon Brewery Limited (plaintiff) and JAX Fernando, Proprietor, Maradana Wine Stores (defendant), the court addressed the issue whether the 14-day period provided under Section 86(2) of the Civil Procedure Code for an application to set aside a default decree is mandatory or merely directory. It was held that the 14-day period is a mandatory requirement that strictly confers jurisdiction on the District Court and must be meticulously followed. This determination set aside the earlier judgment of the Court of Appeal, which had treated the time frame as directory, and affirmed the ex parte decree. The case reaffirmed the principle that statutory provisions affecting jurisdiction must be strictly construed, relying on relevant precedent, and clarified that judicial er

REF: sllr 2001 volume 1 page 270 Category: Tag:
Scroll to Top