Ranasinghe v. Tikiri Banda – sllr 2003 volume 3 page 252

The case between Ranasinghe (plaintiff) and Tikiri Banda (defendant) addressed the issue of whether an application to purge default, filed after judgment but before service of decree, is legally permissible under the Civil Procedure Code, and whether the defendant must obtain the plaintiff’s consent in such circumstances. The court held that such applications are valid, provided they are submitted after the judgment, and that the plaintiff’s consent is not a prerequisite at this stage. This holding reaffirmed the principle that the right to purge default is available post-judgment and prior to the service of the decree, consistent with the interpretation advanced in Coomaraswamy v Mariamma. The decision emphasized that the District Judge’s orders were in error, allowing the appeal, setting