A.A.S. Amarasinghe vs. D.D.S. Gunasekara and Another – CA 1127/98-1998

In the case between A.A.S. Amarasinghe (Appellant) and D.D.S. Gunasekara and another (Respondent), the court addressed the issue of whether an appeal could proceed following the death of the Defendant-Respondent without the proper substitution of heirs. It was held that the appeal could not continue in the absence of substitution, thereby terminating the proceedings. This holding reaffirmed the principle that procedural requirements regarding substitution of parties upon death are mandatory for the continuation of appellate proceedings. The decision relied upon established civil procedure, underscoring that failure to comply with such procedural requirements results in the abatement of the appeal.

K.T. Chitrasiri J. — It was noted that at the previous hearing, counsel for the appellant r