Rohana Wijeweera v. Chandrananda De Silva, Commissioner of Elections – sllr 1998 volume 3 page 203

In the case between Rohana Wijeweera (Plaintiff) and Chandrananda De Silva, Commissioner of Elections (Defendant), the court addressed whether a district judge may dismiss an action for the plaintiff’s failure to answer interrogatories under Section 109 of the Civil Procedure Code, and whether a late appeal outside the prescribed 60-day period under Section 755(3) could be remedied under Section 759(2) absent sufficient supporting material. It was held that the District Court acted within its discretion in dismissing the action due to non-compliance with interrogatory requirements, and that the appellate court was correct in dismissing the appeal since it was both filed out of time and unsupported by adequate materials justifying discretionary relief. The principle reaffirmed was the stric