Leelawathie Senarath Jayatunga vs Appu Vitharanage Romiyel – CA 547/96 F -2013

In the case between Leelawathie Senarath Jayatunga, Palitha Senarath Jayatunga, Karunawathie Senarath Jayatunga (and others) and Appu Vitharanage Romiyel, K.A. Malani, Cyral Wilmet Dissanayake, Rajapaksage Gunawathie alias Gunawatie Rajapaksa (and others), the court addressed the issue of whether a judgment delivered by the District Court was valid where it had been rendered after the death of a defendant-respondent who had not been substituted. It was held that such a judgment constitutes a nullity, reinforcing the procedural requirement that substitution of parties must be effected prior to pronouncement of judgment, particularly when a litigant passes away during proceedings. The decision relied on established civil procedure and affirmed the necessity to ensure all parties are either a