Gamani Fernando vs K.H. Sujatha Jeenawathi – CA 231/2000-2013

In the case between Gamani Fernando (“Hettiweediya”, Payagala) and K.H. Sujatha Jeenawathi (“Wijewasa”, Hettiweediya, Payagala) and others, the court addressed the issue of whether the 12th Defendant-Appellant exercised due diligence to comply with the procedural requirement of substitution after the death of the Plaintiff-Respondent and other parties. It was held that the 12th Defendant-Appellant failed to pursue the necessary legal steps to ensure the continuation of the appeal, leading to the dismissal of the appeal without costs. This decision reaffirmed the principle that diligent prosecution and adherence to procedural rules, particularly regarding substitution following the death of a party, are essential for the continuation of proceedings. Reliance was placed on procedural statute