Bandara v. The People’s Bank – sllr 2002 volume 3 page 025

In the case between Bandara and The People’s Bank, the court addressed whether notice must be served to the defendant upon execution of a decree absolute under the Debt Recovery (Special Provisions) Act and whether an appeal is available against such a decree. It was held that, within this statutory scheme, once a decree nisi is made absolute, it constitutes a writ of execution and does not require additional notice. Furthermore, the right of appeal is unavailable unless explicitly provided by statute. The decision reaffirmed the principle that special statutory procedures may restrict common law rights such as notice and appeal, and emphasized strict adherence to express legislative provisions governing debt recovery actions.

Nanayakkara J. — It was determined that the Debt Recovery (Sp