Rev. Sumanatissa v. Harry – sllr 2009 volume 1 page 031

In the case between Rev. Sumanatissa (substituted by the Chief Incumbent of the temple) and Harry, the court addressed the issue of whether an application to purge a default order under Section 87(3) of the Civil Procedure Code was made within a reasonable time and whether reasonable grounds for the plaintiff’s non-appearance were adequately established. The findings established that the plaintiff’s medical condition and circumstances justified the failure to appear, and emphasized the need for a subjective evaluation rather than rigidly applying an objective standard. The court determined that judicial discretion should be exercised considering the specific facts and evidence presented. The dismissal order was consequently set aside, the appeal was allowed, and the matter was remanded for