Chandrapala vs. Biso Menike – CA APPEAL NO.1387/99-2013

The case between Dickowita Kankanamlage Chandrapala (Plaintiff/Appellant, deceased during proceedings) and D.M. (N.M.) Biso Menike (Defendant/Respondent) addressed whether an appeal filed by a deceased plaintiff-appellant could be maintained following the appellant’s death, given the lack of participation by substituted heirs. It was determined that, although notice of substitution was properly served on the heirs, no substituted party or heir appeared or took steps to prosecute the appeal. Consequently, the appeal was abated, reaffirming the legal principle that an appeal will not proceed without active interest or participation from the properly substituted heirs or legal representatives. The decision relied on procedural rules pertaining to substitution and abatement, underscoring that