S.M.Karunawathie vs Thilagarajah Theivanayaki – CA 724/2000-2015

In the dispute between Thilagarajah Theivanayaki and others (plaintiffs-respondents) and S.M. Karunawathie (defendant-appellant, substituted by Jayasinghe Manichchige Karunawathi), the court examined whether an application for abatement under Section 402 of the Civil Procedure Code was applicable following an order to “lay by” the case, and whether, in those circumstances, the plaintiffs could properly withdraw with liberty to file afresh under Section 406. The court determined that Section 402 had no application because the proceedings had been removed from the trial roll through a “lay by” order, as established in authority (Samsudeen v. Eagle Star Insurance Corporation). The finding reaffirmed the principle that abatement provisions cannot be invoked in cases stayed by a court order of