Dewarakottage Pemawathi vs Dewarakottage Hendrik Appuhami – CA 879/98-2013

In Dewarakottage Pemawathi v. Dewarakottage Hendrik Appuhami and W. Francis Perera, the court addressed whether the children of the deceased 2nd Defendant-Appellant could be substituted in a pending appeal while excluding the widow, and considered the consequences of a substantial delay—thirteen years—in seeking such substitution. It was held that the application for substitution was defective for omitting the widow despite her presence in court, and that the delay indicated a lack of diligent prosecution. The principle reaffirmed requires that all legal heirs be included in substitution applications, and the appeal will abate in the case of prolonged and unexplained inaction. Reliance was placed on procedural rules governing abatement and substitution in appellate proceedings, clarifying