Amsa Siththi Mumthajil alias Kandasami Paramajothi vs Hon. Attorney General – CA APPEAL NO. 216/2009-2012

In the case between Amsa Siththi Mumthajil alias Kandasami Paramajothi (Appellant) and Hon. Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the court addressed whether an appeal filed by the accused-appellant should proceed after notification of the appellant’s death. It was held that the appeal must be abated upon confirmation of the death of the appellant, reaffirming the legal principle that an appeal does not survive the death of an accused unless specifically provided by statute. Reliance was placed on procedural rules concerning abatement, highlighting that once notified of an appellant’s death, the court cannot continue with the hearing of the appeal and is legally bound to terminate the proceedings.

Sisira De Abrew J. — Upon notification by a letter from