Rupasinghe Arachchige Don Ananda vs. Rupasinghe Arachchige Don Jayawardane Rupasinghe – SC APPEAL 44/15-2021

In the case between B.A. Piyasena (Defendant/Appellant/Petitioner in substitution) and the Rupasinghe Arachchige Don family and other appellants/respondents, the court addressed the issue of whether the Court of Appeal erred in law and fact by abating the appeal relating to a partition dispute and prescriptive title claim. It was held that the Court of Appeal did not err in ordering abatement due to insufficient diligence in prosecuting the substitution application and lack of proper documentary support, reaffirming the principle that parties seeking substitution must comply strictly with procedural requirements under Section 760A of the Civil Procedure Code. The decision relied on the statutory framework governing civil procedure for substitutions and legal precedents emphasizing strict c

REF: SC APPEAL 44/15-2021 Category: Tag:
Scroll to Top