Suduhakuruge Magilin Nona vs Suduhakuruge Babanis – CA APPEAL NO.552/99-2018

In the case between Suduhakuruge Magilin Nona of Elagalle, Undugoda (Defendant-Appellant) and multiple individuals from the Suduhakuruge and Gallath Ralalage families (Plaintiffs-Respondents), the court addressed whether appellate proceedings in a partition action are invalid due to the failure to appoint legal representatives for deceased parties, particularly under section 81(9) of the Partition Law No. 21 of 1977. It was held that section 81(9) does not have retrospective effect for actions instituted prior to its enactment and, thus, does not render previous Court of Appeal orders invalid on the grounds of non-appointment of legal representatives. The court reaffirmed the principle that it is the responsibility of the party seeking substitution to provide essential information, such as