Upali Gunasekera and others vs Kankanamge Don Titus Dharmaratne – SC SPL LA 16/2019-2024

In the case between Domingo Hewage Gunapala (and subsequently Domingo Hewage Premachandra) and a group of respondents including Kankanamge Don Titus Dharmaratne, Upali Gunasekera (later substituted by Palm Paradise Cabanas (Pvt) Limited), Punyasiri Wickramasinghe, and Pllakkara Gamage Martyn, the court addressed the validity of a Petition of Appeal filed under Article 128(2) when the petitioner’s name was that of a deceased person. The main issue examined was whether the substitution of the deceased party’s name constitutes a curable defect or requires dismissal of the petition. It was determined that the error was manifest, uncured, and not remedied by any application, rendering the petition fatally defective. Reference was made to relevant statutes and case-law on amendments and curative