Ransegoda Wimalasiri Thero vs. Dellawa Suneetha Thero – SC HCCA/LA/378/17-2022

In the case between Ransegoda Wimalasiri Thero (original Plaintiff-Respondent-Petitioner, now deceased and represented by a legal representative) and Dellawa Suneetha Thero (Defendant-Appellant), the court addressed the issue of whether, and under what statutory provisions, a deceased party may be substituted by a legal representative or another proper person in appeal proceedings. It was held that a proper person, even if not a next of kin, may be substituted for a deceased party in appellate proceedings, solely for the prosecution of the appeal. This conclusion reaffirmed the principle that the requirement of substitution by a next of kin in original civil proceedings does not extend to appellate proceedings. The decision relied on the relevant statutory reforms to the Civil Procedure Co