Javasinghe vs Ramanayake and Others – sllr 2005 volume 2 page 039

In Javasinghe v. Ramanayake and others, including the Maharagama Pradesheeya Sabha and the Maharagama Urban Council, the court addressed whether an ex parte decree issued against a local authority binds its statutory successor not properly impleaded in the proceedings. It was determined that such a decree, entered without joining the successor urban council as a party, could not bind the council, regardless of a lapse of the fourteen-day limit under Section 86(2) of the Civil Procedure Code. The decision reaffirmed the principle that orders cannot affect non-parties and emphasized the court’s inherent jurisdiction under Section 839 for ensuring natural justice is observed, particularly the audi alteram partem rule. As a result, the plaintiff’s application to affirm the decree was dismissed