Karunaratne and Another vs Lingam and Others – sllr 2008 volume 2 page 087

The case between plaintiff-respondents and defendant-appellants involved the issue of whether an order restoring a case laid by to the trial roll constitutes a final and appealable order. It was held that the restoration order lacks the definitive characteristics of a final order and, therefore, is not subject to appeal. The principle reaffirmed is that the duty to restore a case laid by rests exclusively with the District Judge and not with the parties. Reliance was placed on precedents, including Samsudeen v Eagle Insurance Co. Ltd. and Siriwardena v Air Ceylon Ltd., emphasizing that interim orders of this nature are not appealable and cannot be challenged as illegal or contrary to law.

Abdul Salam J. — It was determined that the impugned order restoring the case to the trial roll does