Premanayakage Saman Kumara vs Lt Q.M.W.A.J. Wijesooriya and Others – CA WRIT 08/11-2011
In the case between Premanayakage Saman Kumara (Plaintiff) and Lt Q.M.W.A.J. Wijesooriya, Quarter Master, Stores Sections 5 BN SLEME, and others (Defendants), the court addressed the procedural issue of whether the petitioner exhibited sufficient due diligence in prosecuting the application. It was held that the application should be dismissed due to the petitioner’s failure to communicate with counsel and failure to file a counter affidavit in response to objections, confirming the principle that parties must demonstrate ongoing diligence when prosecuting matters before the court. The findings were based on the petitioner’s lack of response, as reflected by counsel’s failed attempts to establish contact, underscoring that procedural defaults and inadequate attorney-client communication ca

