Appellant vs 1st Defendant – CA 1011/2000-2000

In the appeal between the appellant and the 1st Defendant-Respondent (representation by Manomi Herath), originating from D.C. Kalutara 3658/L, the court considered whether the appeal could proceed following the respondent’s death, with particular focus on procedural compliance by the appellant. It was determined that the appellant failed to exercise due diligence in prosecuting the appeal and seeking substitution of the deceased respondent, as repeated notices were returned undelivered and no change of address was communicated to the Registrar. The decision affirmed the requirement of diligence in appellate procedures, relying on Rule 32 of the Supreme Court Rules, and held that non-compliance could result in summary dismissal of the appeal. This outcome highlights the critical importance