M. Shelton Jayaweera vs Manchanayakage Kalum Nishantha et al. – CA PHC/APN NO. 0010/2020-2021

In the case between M. Shelton Jayaweera and Manchanayakage Kalum Nishantha and others, the court addressed the issue of whether an application filed under Article 138 of the Constitution should be permitted to proceed, given the Petitioner’s demonstrated lack of interest in prosecuting the application. It was held that the absence of the Petitioner’s counsel on the hearing date, along with a history of repeatedly obtaining dates without substantive progress, constituted sufficient grounds for dismissal of the application for non-prosecution. The principle reaffirmed by the court established that continued inaction or absence by a party or counsel may properly justify dismissal of proceedings. Reference was made to the course of proceedings rather than reliance on any specific statute or p