R.I.B. Karunarathna, R.I.B. Jinadasa, R.I.B. Jayasena vs H.P. Dingiriya – CA 148/2000-2013

The case between H.P. Dingiriya and R.I.B. Karunarathna, R.I.B. Jinadasa, and R.I.B. Jayasena addressed the issue of whether an appeal should proceed when the defendant-appellants were absent, unrepresented, and some had deceased without their heirs taking steps to continue the appeal. It was concluded that the appeal should be dismissed due to the absence of the appellants and the failure of their heirs to act diligently. This determination reaffirmed the principle that parties or their successors must actively prosecute appeals for them to proceed. The decision was guided by procedural requirements regarding party representation and substitution, emphasizing the importance of timely diligence in appellate proceedings.

Upaly Abeyrathne J. — It was established that the 1st, 2nd, and 3rd