Barr Kumarakulasinghe And Others v. Ollegasegaram Amaratungaj – sllr 2005 volume 3 page 323

In the case between Barr Kumarakulasingshe and Others (plaintiffs) and Ollegasegaram (defendant), the court addressed the propriety of an ex-parte order under Section 416 of the Civil Procedure Code, which compelled the plaintiffs, who resided abroad, to deposit security for costs. It was held that the order, made without considering the reasonableness of the demanded sum and without hearing both parties, constituted an improper exercise of judicial discretion. The principle was reaffirmed that security for costs under Sections 416 and 417 requires a careful and reasoned approach, rather than being imposed as a matter of routine. The case emphasized judicial discretion and procedural fairness, with reference to the relevant statutes, and directed that parties be heard before the imposition