Henry Perera Samarakoon vs. Abeysinghe Pathiranage Indrani and others – SC APPEAL NO. 95/2015-2018

In the case between Solanga Arachchige Wimalawathie Perera (as substituted plaintiff for Henry Perera Samarakoon) and the 4th and 5th Defendants, including the Appellant (5th Defendant), the Supreme Court addressed whether the failure of the plaintiff to prosecute the action—specifically, by not providing correct addresses for service upon the 3rd and 4th defendants and remaining inactive for an extended period—justified the dismissal (or “laying by”) of the case under Section 402 of the Civil Procedure Code. The Court determined that the plaintiff’s inaction amounted to a failure to advance the case with due diligence, requiring abatement of proceedings. This holding underscored the prevailing legal principle that plaintiffs bear the obligation to act with reasonable expedition when prose