Samsudeen V. Eagle Star Insurance Co. Ltd.

1962 Present: T. S. Fernando, J., and Tambiah, J.

P. SAMSUDEEN, Appellant, and EAGLE STAR INSURANCE CO.
LTD., Respondent

S. C. 185-D. C. Colombo, 27306/M

Abatement of action-Circumstances under which Court can make order abating an action-Effect of an order " laying by " a case-Civil Procedure Code, ss. SO, 82, 83, 402.

An order of abatement of an action can be made under section 402 of the Civil Procedure Code only if the plaintiff has failed to take a step rendered necessary by the law.

Where an order " laying by " a case has been made by a Court, the duty of restoring the case to the trial roll rests on the Court and not on the parties.

The Supreme Court, upon an appeal by the plaintiff from an order of the District Court dismissing his action, sent the case back for a trial de novo. Trial was accordingly fixed by the District Judge for the 25th September, 1956. On that date the Court made order that the case should be laid by as certain material witnesses of the plaintiff could not be contacted. On the 29th November 1957, upon plaintiff's application, the case was laid by for a further period of six months to

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