Selvanantham, son of Jaganathan and others Vs. Sinnathamby Kasinathan and others – 599/1983-1983

The case between Selvanantham and others and Sinnathamby Kasinathan and others addressed whether the application for re-listing an abated appeal, filed by the Substituted Defendant-Petitioners, should be allowed or dismissed for non-prosecution. It was held that the prolonged delay and lack of due diligence in prosecuting the re-listing application, coupled with the absence of adequate explanation, justified dismissal. The principle that litigation must ultimately reach a conclusion and cannot remain perpetually open was reaffirmed. Reliance was placed on Supreme Court precedent, including Jabir v. Karunawathie, underscoring that mere filing without active prosecution cannot deprive a successful party of the benefits of a final judgment. This decision reinforces the finality of judgments a