Senanayake Mudiyanselage Thusitha Upul Kumara Senanayake vs Disanayake Arachchilage Gnanawathie and others – CA RII/0001/2024-2025

In the case between Disanayake Arachchilage Gnanawathie (Plaintiff-Respondent, deceased) and Senanayake Mudiyanselage Thusitha Upul Kumara Senanayake (Defendant-Petitioner, substituted), the court addressed the issue of whether a dismissal for non-prosecution in a partition action was proper when the District Court had not complied with its statutory duty under Section 70A(1) of the Partition Law No. 21 of 1997 to ensure parties were compelled to bring the action to a conclusion. It was held that the dismissal in such circumstances was not justified, and parties willing to continue should not be prejudiced by inaction or lapses on the court’s part. The principle reaffirmed is that court-induced delays or omissions (“actus curiae neminem gravabit”) should not disadvantage parties who are re