Arumahandi Dayaman Matiwala vs. Nallahandi Ratnasiri et al. – CA NO. 537/1995-1995

In the case between Arumahandi Dayaman (Plaintiff, with Arumahandi Sanjeewa Pushpakumara as Proposed Substituted Plaintiff-Respondent-Petitioner) and Nallahandi Ratnasiri, Nallahandi Piyawathie, Thuyahandi Sirisena, among other defendants, the central issue concerned whether the abatement order by the Court of Appeal dated 31.03.2006 amounted to a dismissal of the appeal due to inaction by the petitioner-appellant. It was held that the effect of such abatement, under Section 402 of the Civil Procedure Code, is the dismissal of the appeal, especially where no appeal or proactive prosecution followed the abatement order. The principle reaffirmed is that statutory abatement after prolonged inaction becomes conclusive and mandates dismissal, preventing further litigation over the abated matter