Gonapinuwalage Suguna Manjula vs. Yasarathne de Silva Pinnaduwage – CA RII 11/2021-2023

In the case between Yasarathne de Silva Pinnaduwage (and another) and Gonapinuwalage Suguna Manjula, the court addressed the issue of withdrawal of a landlord–tenant action and the reconvention claim, specifically examining whether such withdrawal should be contingent on the deposit of taxed costs and the legal permissibility of instituting a fresh action thereafter. It was held that withdrawal of the action can only be effected upon deposit of the taxed costs if a new action is instituted, and the reconvention claim was dismissed on jurisdictional grounds. This decision reaffirmed the principle that, under section 753 of the Civil Procedure Code and relevant precedent, procedural fairness and protection from abuse of process require cost-deposit conditions when permitting withdrawals with