Silva vs Wijesinha – clr volume 2 page 143_1

In Silva v. Wijesinha, the court addressed whether a claimant who, without presenting evidence, abandons a claim during investigation may subsequently seek to set aside an adverse order under section 247 of the Civil Procedure Code. The judgment determined that, while the Civil Procedure Code does not expressly preclude such an action, it is contrary to established legal principles and procedural fairness to permit a claimant to do so. The court held that if a claimant seeks to set aside an adverse order after voluntarily abandoning a claim, the defendant must be awarded costs for both the original and appellate proceedings. This principle was anchored in a policy of discouraging procedural misuse and ensuring cost consequences for parties who fail to diligently prosecute their claims.

Bu