W.M Mahawidana Muhandiramge Dayananda vs Kaum Hajjiyar Siththi Fathima – CA 988/98-2012

The case between W.M. Mahawidana Muhandiramge Dayananda and M.D. Nishantha (Plaintiff/Appellant) and Kaum Hajjiyar Siththi Fathima (Defendant/Respondent) addressed the issue of procedural non-compliance in substitution of parties following the death of the respondent, and the duty to diligently prosecute an appeal. The court held that the failure to file substitution papers despite multiple opportunities, combined with the absence and lack of representation of both parties at the hearing, warranted the rejection and abatement of the appeal. This decision reaffirmed the principle that procedural rules, particularly with regard to substitution upon death of a party and continuous prosecution of an appeal, must be strictly followed. The findings established that the court will not hesitate to