A.M. Nandawathie & A.M. Kanararathne vs R.K. Nandawathie Herath – CA NO. 1064/1996 F -2014

In the case between R.K. Nandawathie Herath and others (Plaintiff-Respondents) and A.M. Nandawathie, A.M. Kanararathne, and others (Defendants-Appellants), the court addressed whether an order should be made compelling local Grama Niladharis to certify the surviving heirs of certain deceased defendant-respondents and whether the appeal could proceed without such substitution. It was determined that Grama Niladharis are not empowered to ascertain heirs and that the responsibility to substitute heirs falls on the appellant. The failure to substitute heirs led to the order that the appeal be abated, reaffirming the principle that proper substitution of parties is a prerequisite for the prosecution of appeals involving deceased parties. Reference was made to procedural rules governing substitu