Mr. Mariyasusa Vs. Udawattage Leelarathna – CA PHC 110/2002-2012

The case between the appellant, Mr. Mariyasusa (deceased), and the respondent, Udawattage Leelarathna with the Colombo Municipal Council, addressed the issue of whether an appeal can proceed following the appellant’s death in circumstances where counsel failed to file substitution papers within a reasonable time. It was determined that, given the absence of action by the appellant’s counsel for over a year after a request for further time to file substitution papers, the appeal should be abated. This holding reaffirms the principle that diligent prosecution of appeals, including timely substitution of deceased parties, is required to sustain appellate proceedings. The decision relied on procedural norms in appellate practice, emphasizing that prolonged inaction may result in the abatement