P.A.P Mhinda Abesekara vs T. Galappaththi – CA PHC 178/2000-2013

The case between P.A.P. Mhinda Abesekara and T. Galappaththi, A.M. David Silva, and Intervenient Respondent-Respondents addressed whether the appeal should proceed after the appellant’s death and the subsequent inaction regarding substitution by legal heirs. It was held that the appeal abated due to the absence of any steps for substitution despite the Court being notified of the appellant’s death over two years earlier. The principle reaffirmed that prompt action for substitution is essential to maintain the appeal, but the legal heirs of the appellant were expressly granted the right to make an application for re-listing in the future. This conclusion was reached based on the established procedure in civil proceedings and existing Court orders, underscoring the importance of procedural c