Sarath Abeysinghe vs O.D.S. Ajith Perera – CA APPEAL NO. 953/98-2012

The case between Sarath Abeysinghe (Plaintiff-Appellant) and O.D.S. Ajith Perera and D.S.A.U. Wikramasinghe (Defendants-Respondents) addressed the issue of the continuation of appeal proceedings following the death of the plaintiff-appellant. It was held that, in the absence of an application for substitution by the heirs of the deceased appellant, the court is unable to make further orders concerning the appeal. The principle reaffirmed is that procedural steps, such as substitution after a party’s death, are prerequisites for the continuance of appellate proceedings, in line with Section 402 of the Civil Procedure Code. This decision underscores the necessity for procedural compliance in appellate matters and delegates further action to the original trial court when such compliance has n