Joseph Francis Jeyrajan & Lilly Rex Jeyrajan vs Mrs. M.C.R. Philips – CA 362/94-2013

The case between Joseph Francis Jeyrajan and Lilly Rex Jeyrajan (Plaintiffs) and Mrs. M.C.R. Philips (Defendant) addressed the issue of whether an appeal should proceed following the deaths of both the appellant and respondent. It was determined that the heirs of the deceased appellant had not demonstrated adequate diligence in prosecuting the appeal, leading to its dismissal without costs. The principle affirmed that an appeal may be dismissed when parties fail to act diligently in furthering proceedings after the death of essential parties. Reliance was placed on procedural practices regarding party conduct in appeal continuance, underscoring the importance of timely prosecutorial action by successors in interest.

Upaly Abeyrathne J. — It was found that both the appellant and the respo