Thabakandawa vs. Subasinghe – CA 10/98-2012

In the case between Jayakodi Arachchige Don Pedri Reginold Meril (Plaintiff-Respondent) and Subasingha Mudiyanselage Premachandra Subasinghe (Defendant-Appellant), the court addressed the validity of a District Court judgment that had been passed after the expiration of parties without their substitution. It was determined that such a judgment constituted a nullity owing to the procedural defect. The principle reaffirmed is that judgments must not be rendered after the death of parties without appropriate substitution to ensure proper representation, in line with established procedural requirements. The outcome was influenced by the parties’ subsequent agreement on the allocation of shares and the necessity for the District Court to expedite proceedings based on the consent motion filed by