Ananda Gamini Gardige Punchihewa vs K.P.Siriwardane – CA NO. 1192/99 F -2013

Brief
The case between Ananda Gamini Gardige Punchihewa and K.P. Siriwardane addressed the procedural issue of whether an appeal could proceed in the continued absence of the original parties and their legal heirs. It was determined that, following the dispatch of notices to the legal heirs instructing them to take necessary procedural steps, no appearance or response was received from the parties or their representatives. The decision reaffirmed that failure by parties or their legal heirs to engage in the appellate process after due notice results in the abatement of the appeal. This holding relied on established civil procedure principles, underscoring the necessity of active participation by parties or duly notified successors for the continuation of appellate proceedings.

A.W.A. Sala