Abeywickrema v. Athauda and Another – sllr 2008 volume 1 page 255

In the case between Edman Abeywickrema (Plaintiff/Appellant) and Dr. Upalli Athaunda and Another (Defendants/Respondents), the court addressed the validity of a decree characterized as ex-parte but which functioned as an inter-partes consent decree under the Civil Procedure Code. It was determined that such a decree, which did not meet the formal requirements for either genuine ex-parte or lawful consent decrees, cannot be treated as valid. The findings established that the requirements of Sections 85(4) and 86 of the Civil Procedure Code, specifically regarding service of decree and purging default, were not met. The decision set aside lower court orders against the appellant, reaffirming the principle that strict procedural compliance is mandatory in the grant and service of decrees, ens