Karunamuni Samson De Silva vs. Sandaradura Indralath et al. – CA 65/1998 F -1998

In the case between Karunamuni Samson De Silva (Plaintiff) and Sandaradura Indralath and others (Defendants), the court addressed the issue of whether an application to relist an appeal—previously abated due to the plaintiff’s death and the appellants’ non-compliance—could proceed in the absence of substitution for the deceased party as directed by the Supreme Court. It was held that, where substitution of a deceased party is mandated by a higher court as a condition precedent to the rehearing of an appeal, failure to comply precludes further proceedings, and the application must be dismissed. This decision reaffirms the principle that procedural compliance, particularly in effecting substitution after abatement, is an essential precondition for continuing appellate litigation. The ruling