Katukurunda Wellalage Kusumawathi Vs. Thilak Chandradaththa Nanayakkara – CA 1190/98-2012

In C.A.1190/98 (D.C. Galle 11172/L), the court considered whether the appellant exercised due diligence in prosecuting the appeal against the respondent, represented by W. Dayarathne P.C. The case involved the appellant’s absence and lack of representation on a scheduled court date, as well as failure to deposit the required brief fees, while the respondent fulfilled procedural requirements. Notices issued to the appellant and attorney were mostly ineffective, with repeated attempts yielding no engagement from the appellant. The appeal was dismissed for lack of due diligence, reaffirming the principle that parties must actively prosecute their legal remedies and comply with procedural obligations. This decision relied on procedural rules requiring parties to take active steps to sustain th