W.J.P. Ariyawansha vs Gardi Punchihewa Indrani – CA NO.777/98 F -2013

The case between W.J.P. Ariyawansha (Plaintiff/Appellant) and Gardi Punchihewa Indrani (Defendant/Respondent) addressed the issue of whether the District Court’s refusal to affirm an order nisi for divorce under Section 608(2)(b) of the Civil Procedure Code should be set aside on appeal. The findings established that the appellant repeatedly failed to appear or provide instructions to counsel despite multiple notices, and it was determined that there were no grounds to interfere with the District Court’s conclusion that the grounds for divorce had not been proven. The holding reaffirmed that appellate intervention is unwarranted when appellants fail to prosecute their claims, relying on the principle that due process requires diligent prosecution and clear evidentiary foundation for appell