A.M Dayarathna vs A.M. Lakshman – CA 510/99-2013

The case between A.M. Dayarathna (Defendant-Appellant) and A.M. Lakshman (Defendant-Respondent) concerned whether an appeal to the Court of Appeal in case C.A 510/99 (F), originating from District Court case No. 116/P Marawila, should proceed in light of parties’ absence and failure to respond to court notices. It was held that the appeal would not continue due to lack of appearance and demonstrated intent to prosecute, reaffirming the requirement for parties to actively pursue appellate proceedings. The decision emphasized procedural adherence and the discretionary authority of the court to dismiss appeals where there is clear lack of prosecution, thereby reinforcing the necessity for litigants to engage with court notices and processes.

H.N.J. Perera J. — It was established that notice