Wijesekera Vs Wijesekera and Others – sllr 2005 volume 1 page 058

In the case between WIJESEKERA (plaintiff-petitioner) and WIJESEKERA and Others (including the 1st, 2nd, and 3rd defendant-respondents), the court addressed whether, under Sections 84, 85, 86(2), and 86(2A) of the Civil Procedure Code, an ex-parte order made against a defendant in default may be set aside without the plaintiff’s consent. The holding reaffirmed that such an order cannot be set aside in the absence of plaintiff’s express agreement, with judicial discretion limited by clear statutory conditions. Reliance was placed on the explicit language of the Civil Procedure Code and earlier case authorities, emphasizing that principles of equity or fairness cannot override mandatory legislative procedures. The outcome underscored that ex-parte proceedings must continue against defaulting