Terrance Clinton Persiwel Karunanayaka vs P. Wimalawathi – CA APPEAL NO. 861/97-2013

The case between Terrance Clinton Persiwel Karunanayaka (Plaintiff-Appellant) and P. Wimalawathi (Defendant-Respondent, substituted and now deceased) addressed the issue of whether an appeal could proceed following the death of the substituted defendant-respondent when the appellant failed to file substitution papers to bring the deceased’s heirs on record. The appeal was held to have abated due to the appellant’s failure to prosecute with due diligence, aligning with procedural obligations under relevant court rules. The decision reaffirmed the principle that appellants must pursue procedural requirements timely to maintain a valid appeal. The findings established that delays or non-compliance with court orders regarding substitution after a respondent’s death warrant the abatement of the