P.G.A. Wijerathna Vs. Mobitel (Pvt) Ltd. O.T.C. Australia (Pvt) Ltd. – CA 889/99-1999

In the case between P.G.A. Wijerathna (Plaintiff-Appellant) and Mobitel (Pvt) Ltd and O.T.C. Australia (Pvt) Ltd (Plaintiff-Respondents), the court examined the adequacy of service of notice on the legal heirs of the appellant and the consequences following the appellant’s failure to act after returned notice. It was held that, due to the appellant’s inaction after the legal heirs refused to accept service of notice, the appeal must abate. The determination reaffirmed the principle that proper procedural steps are essential for the continuation of appellate proceedings, referencing established procedural norms and emphasizing that the failure to take corrective steps after defective service leads to the abatement of the appeal.

A.W.A. Salam J. — The findings established that the notice d