Manel Dias vs Sarath Samson Dias – CA NO. 1124/98 F -2013

The case between Manel Dias (Respondent-Appellant) and Sarath Samson Dias (Petitioner-Respondent) addressed the procedural issue of whether an appeal could proceed in light of the respondent’s death in 2004 and the appellant’s failure to substitute the respondent’s heirs. It was held that, due to the absence of both parties, failure to diligently prosecute the appeal, and non-substitution of legal heirs for a lengthy period, the appeal must abate. The holding reaffirmed the requirement for timely prosecution and proper substitution in appellate proceedings, relying on established procedural principles regarding abatement. The key takeaway is the strict enforcement of procedural diligence by appellants, especially in cases involving deceased parties.

K.T. Chitrasiri J. — The findings esta