Padukkage Dona Cicilina Hamine vs I.A. Wimalasene – CA 279/98-2013

In the case between Padukkage Dona Cicilina Hamine (Plaintiff) and I.A. Wimalasene, Hewa Magalgodage Heenmenike, and others (Defendants), the court addressed the issue of whether an appeal filed by the 11th Defendant-Appellant could proceed following the death of the 6th Defendant-Respondent, in the absence of necessary substitution papers. It was held that without the required substitution, the appeal could not be continued, reaffirming the principle that the onus is on the party seeking to proceed with the appeal to ensure proper substitution of parties upon the death of a respondent. This decision relied on established procedural requirements, emphasizing that non-compliance with directions for substitution leads to the abatement and dismissal of an appeal, thereby ensuring the orderly