Civil Procedure Code – Case law

Law of Civil Procedure – ex parte trail & Judgment- purging default – application of Sec. 88 of the CPC – refused by the District Judge – no appeal or revision – Civil Appeal High Court set aside the ex parte Judgment

“A party cannot be permitted to succeed in a matter where there is no appeal or application to revise an ex parte judgment. Considering all the above matters, I hold that the Civil Appellate High Court has no power to set aside an ex parte judgment of the District Court in an appeal filed against an order of District Court refusing the application to purge the default.”
Geekiyanage Viyantha Vijithweera v. Mohamed Thuwan
SC Appeal 74/2008
Decided on 26.02.2020

 

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