Rani and Siripala vs. Pini and Gunaratne – CA 1031/98-2013

The case between Devika Banganadessalage Rani and Diwulwewagedara Siripala (plaintiffs) and the legal representatives of Meddewattegedara Pini and Meddewattegedara Gunaratne (defendants) concerned the validity of a petition of appeal filed after the deaths of the original appellants. It was held that a petition of appeal filed in the names of persons already deceased is a fundamental defect and, absent proper substitution of legal heirs as parties, the appeal cannot be maintained. The decision reaffirmed the principle that substitution of deceased parties in appellate proceedings is mandatory, pursuant to relevant procedural law, and failure to do so is fatal to the continuation of such proceedings. Emphasis was placed on the need for evidentiary support in applications for substitution an