SC Condemns Delay Tactics in Revision Application as Abuse of Process

Orders Rs. 2 Million as Final Settlement on DC Judgment

The Supreme Court recently dismissed a revision application filed in 2016, citing blatant abuse of the judicial process by the Defendant-Appellant-Petitioners. Justice P. Padman Surasena, who presided over the case, criticized the Petitioners for failing to take any steps to advance their case over eight years, depriving the Plaintiff-Respondent of her rightful compensation awarded by the District Court of Kuliyapitiya. 

The case stemmed from a fatal accident involving the Plaintiff’s father, with the District Court ruling in her favor and awarding damages. This judgment was upheld by the Provincial High Court of Civil Appeals in Kurunegala in 2016. However, instead of complying, the Petitioners filed a revision application with the Supreme Court, only to abandon it entirely by failing to prepare briefs or take further steps. Justice Surasena observed that this inaction had caused the Plaintiff to lose the “fruits of her judgment obtained after a long litigation” for nearly a decade. 

When the case was finally called on October 30, 2024, the Petitioners sought to withdraw the application. Justice Surasena allowed the withdrawal but imposed a condition that Rs. 2 million, covering the judgment amount, legal interest, and all costs, be paid to the Plaintiff. The court criticized the Petitioners for abusing the judicial process to the detriment of the Plaintiff, who had endured years of unnecessary delay. 

The payment was made in open court, and the Plaintiff accepted the amount as full and final settlement of the decree. The Supreme Court dismissed the petition and imposed costs.