Walgama Wilage Don Sanath Nandana vs Mohomed Rilvan Rizar Rafeek – SC/APPEAL/162/2018-2024

In the case between Mohomed Rilvan Rizar Rafeek (Plaintiff) and Nimal Deshappriya Wickramasingha (Defendant), the court considered the issue of whether Walgama Wilage Don Sanath Nandana could be properly substituted as appellant for the deceased defendant during an ongoing appeal. The court held that the petitioner was the appropriate party for substitution in the appellate proceedings, overruling objections related to the alleged forgery of deed X4 and the deceased defendant’s lack of legal heirs. This decision reaffirmed principles of party substitution under the Civil Procedure Code, the Partition (Amendment) Act, and Supreme Court Rules, clarifying that substitution is to be granted where statutory requirements are satisfied to enable a continuation of the appellate process. The ruling