Karunadasa v. Rev. Phillips – sllr 2003 volume 2 page 140

In the case between Karunadasa (Plaintiff) and Rev. Phillips (Defendant), the court addressed the issue of whether notice under section 86(2) of the Civil Procedure Code must be served on the plaintiff at the time of filing the application to purge default, or if subsequent notice suffices without invalidating the application. It was held that an application under section 86(2) is not rendered defective by the absence of simultaneous notice, reaffirming the principle that procedural requirements regarding notice do not amount to mandatory prerequisites at the point of filing the application. This decision relied on case law including Ceylon Brewery Ltd. v Jax Fernando, Sri Lanka General Workers Union v Senanayake, and Edward v de Silva, emphasizing that the lack of immediate notice is not