JUDGMENT

R. Gurusinghe, J.

The petitioner filed this Restitutio-in-Integrum application against the plaintiff-respondent Bank (hereinafter referred to as the Bank), seeking the relief prayed for in the petition. The respondent bank instituted an action against the petitioner’s late husband as the defendant to recover monies due upon a mortgage bond. The petitioner’s husband and the Bank agreed to settle the action on 22 February 2018. The written terms of the settlement motion dated 22-02-2018, signed by the registered Attorneys for the bank and the petitioners’ husband and his registered Attorney, were tendered to the court. A decree was entered in accordance with the terms of the settlement.

On 24-05-2019, the petitioner’s husband passed away. The bank made an application under Section 26 of the Mortgage Bond Act to the District Court on 11-12-2020, and that application was supported in open court on 14-12- 2020. The Bank produced the death certificate of the deceased defendant and the marriage certificate of the petitioner and the deceased defendant. Accordingly, the District Court issued notice on the petitioner. The Fiscal of the Court reported to the court that the notice had be