Gnanawathie and Others V Wijesinghe – sllr 2004 volume 1 page 132

In the case between Gnanawathie and others (Plaintiff-Appellants) and Wijesinghe (Defendant-Respondent), the court addressed whether the dismissal of the plaintiff-appellants’ action was procedurally proper following the announcement by their attorney-at-law of having no instructions on their behalf. It was held that the dismissal was in accordance with the Civil Procedure Code, as the plaintiffs were absent when the case was called and the statutory requirements for restoring the action were not fulfilled. The principle reaffirmed is that procedural obligations under sections 27, 87, and 168 of the Civil Procedure Code, as well as prompt and compliant action to cure dismissal under section 87(3), are mandatory. Reference was made to statutory interpretation and relevant precedents. The co