A.A. Jayasena vs Rev. Agalabada Piyasiri Thero – CA 909/2000-2013

In the case between A.A. Jayasena (Appellant) and Rev. Agalabada Piyasiri Thero (Complainant-Respondent), the court addressed the issue of whether due diligence was exercised by the Defendant-Appellant in prosecuting the appeal (C.A. 909/2000(F)), and whether the appeal should be dismissed for want of prosecution. It was determined that the Defendant-Appellant failed to demonstrate the required diligence, as both parties were absent and unrepresented when the matter was called, despite proper service of notice as confirmed by the fiscal report. The appeal was dismissed without costs, reaffirming the principle that litigants must actively prosecute their appeals to avoid dismissal for want of prosecution. This decision relied on procedural fairness and the requirement of due diligence in ap