K.B. Charles Silva v. T.H. Chandra alias Chandrathilaka – CA NO. 946/98 F -2016

In the case between K.B. Charles Silva (Plaintiff/Respondent) and T.H. Chandra alias Chandrathilaka (Defendant/Appellant/Petitioner), the court addressed the issue of whether the dismissed appeal of the Defendant-Appellant-Petitioner should be re-listed for hearing after being previously struck out for want of appearance and non-payment of brief fees. It was held that the Petitioner sufficiently established reasonable grounds for non-appearance and non-compliance, specifically citing issues of notification failure, postal error, and the death of legal counsel. The findings established that allegations of material suppression by the Plaintiff-Respondent were unproven. The decision reaffirmed the principle that courts possess inherent discretionary power to re-list appeals upon demonstration