Ganitha Gedara Piyasena vs. Officer-In-Charge, Police Station, Katugastota – CA PHC CASE NO: 09/2014-2021

In the case between Ganitha Gedara Piyasena and Rohitha Sanjeewa Arambewela, the court addressed whether the widow of a deceased 3rd Respondent may be substituted as a party to an appeal in proceedings instituted under section 66 of the Primary Courts’ Procedure Act, No. 44 of 1979. The court held that substitution was permissible, reiterating that such proceedings, though summary in nature, are not strictly personal and may involve persons who have a substantial connection to the ongoing possession and peace relating to the disputed land. This decision engaged the legal principles elucidated in prior authorities, including Mary Perera v. Alexander Perera, affirming that the legislative intent was to maintain public order rather than adjudicate proprietary rights strictly, and concluding t