PREMA KUMARA PERERA

Vs.

PEOPLE'S BANK

SUPREME COURT
BUWANEKA ALUWIHARE, PC.J
UPALY ABEYRATHNE.J
K.T. CHITRASIRI.J
SC/APPEAL/69/2007
CALA/283/2003
DC COLOMBO NO.1 9597/MR
05.12.2016

Civil Procedure Code Section 87(3) - Plaintiff absent and Unrepresented - Vacate order - Purge Default - Substitution - Wrong court - Wrong date - Section 395 CPC - Locus Standi.

This is an appeal from the Judgment of the Court of Appeal, by which the judgment of the District Court was set aside. Court of appeal granted leave to appeal to the Supreme Court.

Action instituted in the District Court to recover a sum of Rs. 9,700,000/-. Answer filed by Respondent bank. On trial date both plaintiff and counsel absent. Action of plaintiff dismissed. Thereafter plaintiff made an application to purge default.

On 19.9.2000, the learned Additional District Judge sitting in Court No.02 delivered an order fixing the matter for 1.12.2000, and on that date refixed for trial on 2.4.2011 as Attorney for Plaintiff was not well. On 2.4.2001 Attorney - at - law for plaintiff was in court No, 02 but the case not called. Having checked the list, case had been called in Court No. 3 a