Ven. Baragedara Piyatissa Thero vs H. Noihami – CA 540/99-2014

The case between Ven. Baragedara Piyatissa Thero and H. Noihami, W.R. Wilbert Fernando, and others addressed the issue of whether proper legal steps were taken by the 6th Defendant-Appellant to substitute the deceased respondents during the pendency of an appeal. It was held that the 6th Defendant-Appellant failed to exercise due diligence by not applying for such substitution, resulting in abatement of the appeal. This decision reaffirmed the principle that non-compliance with procedural requirements regarding parties to an appeal can result in the termination of appellate proceedings. The holding relied on established legal procedure governing substitution of parties, emphasizing the necessity of procedural compliance for the continuation of an appeal.

H.N.J. Perera, J. — Upon review o