Seylan Bank PLC vs. Farook – sllr 2021 volume 3 page 001

In the case between Seylan Bank PLC (Plaintiff) and Farook (Defendant), the court addressed the procedural propriety of granting unconditional leave to “file answer” in debt recovery proceedings under the Debt Recovery (Special Provisions) Act. It was held that the Act does not permit unconditional leave to file answer in summary procedure actions and strictly requires a written application, supporting affidavit, and a prima facie sustainable defence before conditional leave may be granted. Reliance was placed on the text and structure of sections 6(2) and 7 of the Act, reaffirming the principle that summary procedure must be scrupulously observed and deviations in procedure are impermissible. The decision clarified that where the requirements of the Act are not met, orders purporting to a