Gamarallage Karunawathie v. Godayalage Piyasena et al. – SC APPEAL NO.09A/2010-2011

In the case between the 20th Defendant-Appellant-Petitioner and Godayalage Piyasena with other substituted respondents, the Supreme Court was required to determine whether substitution of deceased respondents could be effected at the Supreme Court level when the record had become defective prior to final judgments by the District Court and High Court. It was determined that the absence of substitution for the deceased parties rendered both the initial and appellate court judgments null and void, necessitating that they be set aside. The principle reaffirmed was that proper substitution of parties is a condition precedent to maintaining the proceedings and judgments when a necessary party has died prior to judgment. This determination relied on interpretations of Section 760A of the Civil P